[2015] KEELRC 1379 (KLR)
The court found that, despite the claim proceeding undefended, the claimant was still required to prove his case to the civil standard. The court was not convinced that the sums claimed were merited in full, and compensation must be limited to what is provided for under the Employment Act. The court awarded the...
Source-derived case information.
- Citation
- [2015] KEELRC 1379 (KLR)
- Parties
- Claimant: Charles Kibisu Kaleda; Respondent: China Zhongxhing Construction Co-operative Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1869 of 2013
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Claim partly allowed; claimant awarded statutory compensation only.
- Legal Topics
- Unfair Termination, Compensation Assessment, Notice Pay, Salary in Lieu of Notice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Kibisu Kaleda
Claimant
China Zhongxhing Construction Co-operative Ltd
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was wrongfully and unfairly terminated from employment.
- 2 Whether the claimant is entitled to compensation and other remedies sought.
Ratio Decidendi
The court found that, despite the claim proceeding undefended, the claimant was still required to prove his case to the civil standard. The court was not convinced that the sums claimed were merited in full, and compensation must be limited to what is provided for under the Employment Act. The court awarded the claimant one month's salary in lieu of notice, salary for 18 days worked in June, and four months' salary as compensation for unfair dismissal, totaling Kshs.47,600, plus interest and costs. Claims for damages and legal expenses beyond statutory entitlements were rejected as ultra vires.
Court Disposition
Claim partly allowed; claimant awarded statutory compensation only.
Orders
- The claimant is awarded one month's salary in lieu of notice (Kshs.8,500).
- The claimant is awarded salary for 18 days in June (Kshs.5,100).
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT NAIROBI
CAUSE NUMBER 1869 OF 2013
CHARLES KIBISU KALEDA …………………….………………………. CLAIMANT
VERSUS
CHINA ZHONGXHING CONSTRUCTION CO-OPEATIVE LTD …… RESPONDENT
JUDGMENT
The Claimant seeks compensation from the Respondent for what he feels was wrongful and unfair termination of his services. He averred that on or about October, 2011 he was employed by the Respondent as a general worker earning Kshs.8,500 per month and that he worked until 18th June, 2012 when he was dismissed after sustaining injuries in the course of his employment.
As compensation the claimant seeks the sum of Kshs.484,000/= which comprise of three month’s salary in lieu of notice, one month’s salary and what he calls damages which form the bulk of his claim.
The Respondent was served but neither appeared nor filed response to the claim. I therefore directed that his matter proceed as an undefended claim.
The Claimant’s counsel in his submissions to the court urged the court to award the claimant Kshs.475,000/= and an additional Kshs.75,000/= as legal expenses incurred in pursuing this claim. Counsel in justifying the sums claimed contended that the claimant is a young family man and was wrongfully terminated from service.
The jurisdiction of this court is derived from the Constitution, the Industrial Court Act. The assessment of compensation for claims arising out of employment disputes is governed principally by the Employment Act. The Act provides the scope and formula for assessment of compensation in the event that a party is successful in proving their claim. Any compensation outside parameters set by the Act will therefore be ultra vires and without jurisdiction. Further, the fact that a claim proceeds as an undefended cause does not lighten the burden on the claimant to prove his or her case to the threshold set in civil claims.
The court is not convinced that the Claimant merits the sum claimed and hereby awards him as follows;
a. One month’s salary in lieu of notice 8,500/=
b. Salary for 18 days in June 5,100/=
c. Four Months’ salary as compensation for unfair dismissal 34,000/=
47,600/=
d. Interest on the decretal sum and costs of the suit.
It is so ordered.
Delivered this 13th day of February 2015
In the presence of:-
…………………………………………………………………………….for the Claimant and
……………………………………………………………………………….for the Respondent.
Abuodha J. N.
Judge