[2015] KEELRC 577 (KLR)
The court found that the claimant had complied with the contractual and statutory requirements for termination by giving the required notice and requesting to proceed on terminal leave, which the respondent accepted. The respondent failed to honour its obligations under the contract by not paying the claimant his...
Source-derived case information.
- Citation
- [2015] KEELRC 577 (KLR)
- Parties
- Claimant: Christopher Mwangi Ndirangu; Respondent: Stewan General Trading Company Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1134 of 2014
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Claim allowed as prayed.
- Legal Topics
- Termination of Employment, Employment Contracts, Notice Periods, Leave Entitlements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christopher Mwangi Ndirangu
Claimant
Stewan General Trading Company Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the respondent was obligated to pay the claimant for unutilized leave days and salary during the notice period as per the employment contract.
- 2 Whether the respondent breached the employment contract by failing to pay the claimant his lawful dues upon termination.
Ratio Decidendi
The court found that the claimant had complied with the contractual and statutory requirements for termination by giving the required notice and requesting to proceed on terminal leave, which the respondent accepted. The respondent failed to honour its obligations under the contract by not paying the claimant his salary for the notice period and for unutilized leave days. Since the contract clearly stipulated the notice period and the claimant's entitlements, and the respondent did not contest the claim, the court awarded the claimant the amounts claimed as per the memorandum of claim.
Court Disposition
Claim allowed as prayed.
Orders
- The respondent shall pay the claimant one month salary for the period on leave amounting to KES 91,990.00.
- The respondent shall pay the claimant for 16 days of unutilized leave amounting to KES 49,828.00.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NUMBER 1134 OF 2014
CHRISTOPHER MWANGI NDIRANGU..............................CLAIMANT
VERSUS
STEWAN GENERAL TRADING COMPANY LIMITED....RESPONDENT
JUDGMENT
1. This cause proceeded as an undefended cause when it became clear that the respondent though served, never entered appearance nor filed a defence/response to the claim.
2. According to the Claimant, he was employed on 26th September, 2011 as an accountant on a fixed term basis. He rendered his services until 13th of March, 2013 when he tendered his notice of termination of contract which was to take effect from 14th March 2013.
3. In this said notice he asked to be paid for his unutilized leave days or be allowed to proceed on leave during the notice period. He averred that the respondent agreed to the latter option and allowed him to go on leave. The respondent however defaulted or refused to pay the claimant his lawful dues. The claimant therefore seeks the order of the Court for the payment of his dues.
4. The contract of employment attached to the claimant’s memorandum of claim provides at clause 8. 1 that the contract can be terminated by either party giving 1 calendar month’s notice or payment lieu thereof. The claimant by an email dated 13th March 2013 gave one month’s notice to run from 14th March, 2013 during which period he requested to go on what may be called terminal leave and to which the respondent acceded to.
5. The contract of employment as well as the Employment Act provides for the procedure of ending employment relationship. The Act only applies where the notice period is not stipulated in the contract. The Court in the circumstances does not understand why the respondent did not honour its obligations as per the contract which it signed.
6. The Court in the circumstances awards the claimant his prayers as stated in the memorandum of claim. That is to say
(a) One month salary for the period on leave……91,990. 00
(b) 16 days of unutilized leave………………………..49,828. 00
141,818. 00
(c) Costs of the suit.
7. It is so ordered
Dated at Nairobi this 10th day of July 2015
Abuodha J. N.
Judge
Delivered this 10th day of July 2015
In the presence of:-
………………………………………………for the Claimant and
…………………………………………………for the Respondent.
Abuodha J. N.
Judge