[2016] KEELRC 346 (KLR)
The court found that the claimant was entitled to terminal dues as computed by the labour officer following redundancy, as the respondent did not oppose the computation. However, the claim for damages equivalent to 12 months' pay for loss of employment was declined due to lack of evidence of unfair termination....
Source-derived case information.
- Citation
- [2016] KEELRC 346 (KLR)
- Parties
- Claimant: Benson Maina Mwangi; Respondent: Babs Security Services Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 90 of 2016
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Judgment for the claimant in part.
- Judges
- B Ongaya
- Legal Topics
- Redundancy, Terminal Dues, Damages for Loss of Employment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Benson Maina Mwangi
Claimant
Babs Security Services Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant is entitled to terminal dues following redundancy.
- 2 Whether the claimant is entitled to damages for loss of employment equivalent to 12 months' pay.
- 3 Whether costs of the suit should be awarded to the claimant.
Ratio Decidendi
The court found that the claimant was entitled to terminal dues as computed by the labour officer following redundancy, as the respondent did not oppose the computation. However, the claim for damages equivalent to 12 months' pay for loss of employment was declined due to lack of evidence of unfair termination. Costs of the suit were awarded to the claimant.
Court Disposition
Judgment for the claimant in part.
Orders
- The respondent to pay the claimant Kshs. 45,732.90 by 15.12.2016, failing which interest at court rates to be payable thereon from 10.05.2016 until full payment.
- The respondent to pay the claimant’s costs of the suit.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT NYERI
CAUSE NO. 90 OF 2016
BENSON MAINA MWANGI..........................................CLAIMANT
VERSUS
BABS SECURITY SERVICES LIMITED............... RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday, 25th November, 2016)
JUDGMENT
The claimant filed the memorandum of claim on 10. 05. 2016 through Kirubi, Mwangi Ben & Company Advocates. The claimant prayed for judgment against the respondent for:
a) Payment of terminal dues amounting to Kshs. 45, 732. 90 being terminal dues following redundancy on 27. 01. 2015.
b) Damages for loss of employment equivalent to 12 months pay at Kshs. 7000. 00 x 12 months.
c) Costs of the suit.
d) Any other or better relief the honourable court may deem fit to grant.
The labour officer computed the terminal dues upon redundancy and as prayed for. The same is hereby allowed. The respondent has not opposed the award of terminal dues as computed. As there was no evidence for unfair termination, 12 months’ pay for loss of employment as prayed for is hereby declined.
In conclusion judgment is hereby entered for the claimant against the respondent for:
a) The respondent to pay the claimant Kshs. 45, 732. 90 by 15. 12. 2016 failing interest at court rates to be payable thereon from the date of the suit 10. 05. 2016 till full payment.
b) The respondent to pay the claimant’s costs of the suit.
Signed, datedanddeliveredin court atNyerithisFriday, 25th November, 2016.
BYRAM ONGAYA
JUDGE