[2017] KEELRC 1062 (KLR)
The court found that the Claimant's employment was terminated without valid reason and without being afforded a hearing, contrary to the requirements of the Employment Act. The Respondent failed to appear or contest the Claimant's evidence or computation of dues. The court accepted the Claimant's evidence as...
Source-derived case information.
- Citation
- [2017] KEELRC 1062 (KLR)
- Parties
- Claimant: Charles Nzeki Mwanga; Respondent: Senaca East Africa Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 689 of 2016
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Claim allowed in full as prayed.
- Legal Topics
- Unfair Termination, Notice Pay, Overtime Compensation, Service Pay, Leave Entitlements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Nzeki Mwanga
Claimant
Senaca East Africa Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the termination of the Claimant's employment was unfair and without just cause.
- 2 Whether the Claimant is entitled to notice pay, overtime pay, travel allowance, service pay, compensation for unfair termination, and other statutory benefits.
Ratio Decidendi
The court found that the Claimant's employment was terminated without valid reason and without being afforded a hearing, contrary to the requirements of the Employment Act. The Respondent failed to appear or contest the Claimant's evidence or computation of dues. The court accepted the Claimant's evidence as unchallenged and found no fault with the computation or the legal basis for the claims. Consequently, the court granted all reliefs sought by the Claimant as particularized in the Statement of Claim, including notice pay, overtime pay, travel allowance, service pay, compensation for unfair termination, costs, and interest.
Court Disposition
Claim allowed in full as prayed.
Orders
- The Claimant is awarded notice pay, overtime pay for rest days and public holidays worked, travel allowance, service pay, the equivalent of 12 months’ salary in compensation for unfair termination, costs, and interest as particularized in the Statement of Claim.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR
RELATIONS COURT AT MOMBASA
CAUSE NUMBER 689 OF 2016
BETWEEN
CHARLES NZEKI MWANGA ...................................CLAIMANT
VERSUS
SENACA EAST AFRICA LIMITED..................RESPONDENT
Rika J
Court Assistant: Benjamin Kombe
IRB Mbuya & Company Advocates for the Claimant
No appearance for the Respondent
____________________________
JUDGMENT
1. The Claimant filed his Statement of Claim on 22nd September 2016. He states he was employed by the Respondent as a Night Manager on 16th August 2011. His contract was terminated by the Respondent without just cause and / or notice, on 17th January 2014. He feels termination was unfair and unjust. He was denied certain statutory benefits during employment and upon termination. He prays for: notice pay; overtime pay for rest days and public holidays worked; travel allowance; service pay; the equivalent of 12 months’ salary in compensation for unfair termination; costs; and interest.
2. The Claim is undefended. The Claimant gave evidence by way of formal proof, on 22nd March 2017.
3. He has shown the Court he was employed by the Respondent as Night Manager. He earned a monthly salary of Kshs. 40,000 as of the date of termination. No valid reasons were given by the Respondent to him for termination. He was not heard. He worked on rest and public holidays without compensation. He did not take annual leave from 2011. He was not availed leave traveling allowance. He was not shown to have been subscribed under the N.S.S.F. His computation of amounts due is undisputed. The Court has not found fault with the computation, or the law, and principles justifying the amounts claimed. In the absence of any counterevidence, and counter-submissions on the applicable law, the Court orders the Claim is granted as particularized in the Statement of Claim dated 12th August 2016, filed on 22nd September 2016.
Dated and delivered at Mombasa this 23rd day of June 2017
James Rika
Judge