[2020] KEELRC 1405 (KLR)
The court found that the claimant failed to prove the existence of an employment relationship with the respondent. No documentary evidence or witness testimony was provided to substantiate the claim of employment or the alleged payments. In the absence of proof of employment, the court held that the claimant was not...
Source-derived case information.
- Citation
- [2020] KEELRC 1405 (KLR)
- Parties
- Claimant: Cyrus Mangala Ashiono; Respondent: Giriraj Construction Company
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1277 of 2015
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- claim dismissed
- Judges
- HS Wasilwa
- Legal Topics
- Unfair Termination, Employment Relationship Proof, Terminal Benefits, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cyrus Mangala Ashiono
Claimant
Giriraj Construction Company
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was an employee of the respondent entitled to protection under the Employment Act.
- 2 Whether the claimant's termination was wrongful and unfair.
- 3 Whether the claimant is entitled to the terminal benefits and compensation sought.
Ratio Decidendi
The court found that the claimant failed to prove the existence of an employment relationship with the respondent. No documentary evidence or witness testimony was provided to substantiate the claim of employment or the alleged payments. In the absence of proof of employment, the court held that the claimant was not entitled to the reliefs sought, including compensation for unfair termination and terminal benefits. The entire claim was therefore dismissed for lack of proof.
Court Disposition
claim dismissed
Orders
- The entire claim is dismissed for lack of proof of employment relationship.
Full Case Text
Judgment text and source record
40 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 1277 OF 2015
CYRUS MANGALA ASHIONO……….............…………CLAIMANT
VERSUS
GIRIRAJ CONSTRUCTION COMPANY…................RESPONDENT
(Before Hon. Justice Hellen S. Wasilwa 27th February, 2020)
JUDGEMENT
1. Vide his Statement of Claim dated 7th July, 2015 and filed in Court on 27th July, 2015, the claimant avers that he was wrongfully dismissed from his employment with the Respondent and the subsequent failure by the Respondent to pay his terminal dues and other monies owed to him at the time of his separation.
2. The Claimant’s case is that he was employed by the Respondent, a Limited Liability Company on or about 12th January, 2015 in the position of a joinery at a monthly salary of Kshs. 19,200/-.
3. The Claimant averred that he worked diligently and to the Respondent’s satisfaction during the entire period he was employed by the Respondent (5 Months) until 26th May, 2015 when he reported on duty and at around 2 pm was informed that his services were no longer required by the Respondent. He further contended that no reason was given for the sudden termination.
4. The Claimant further contended that his verbal termination was done contrary to the principles of natural justice and Section 41 of the Employment Act, 2007.
5. Aggrieved by the Respondent’s decision to terminate his services the Claimant filed the instant Claim seeking the following reliefs:-
a) A declaration that the Claimant’s dismissal was wrongful and unfair.
b) The Claimant be and is hereby paid terminal benefits comprising of the following:-
i.. May Salary Kshs. 19,200/-
ii. One month’s salary in
lieu of notice Kshs. 19,200/-
iii. Prorata leave for 5 months Kshs. 9,000/-
iv. 12 months compensation Kshs. 249,600/-
v. House allowance Kshs. 15,600/-
Total Kshs. 312,600/-
c) The Respondent be and are hereby ordered to compensate the Claimant equivalent to 12 month’s salary
d) The Respondent to pay costs.
6. The Respondent though served with the Claim and the summons filed in this matter failed to enter appearance and file its defence. The matter therefore proceeded as an undefended Claim on 2nd December, 2019 with the Claimant testifying on his own behalf.
Claimant’s Case.
7. In his evidence in chief the Claimant, CW1 sought to have his witness statement filed in Court on 27th July, 2015 adopted by this Honourable Court, a request that was allowed by the Court. In his statement, CW1 reiterated the averments made in the Statement of Claim.
8. CW1 further testified that his salary was Kshs. 800/- per day payable weekly, he further testified that he worked for the Respondent for a continuous period of 5 months prior to his verbal termination.
9. CW1 urged this Honourable Court to allow his Claim as prayed in the Statement of Claim.
Submissions by the Claimant
10. It is submitted by the Claimant herein that his termination was unfair as the same was done contrary to the provisions of Sections 35, 41, 43 and 45 of the Employment Act, 2007.
11. The Claimant further submitted that he is entitled to the reliefs sought in his Claim as pleaded and urged the Court to allow the same as prayed.
12. I have examined all the evidence and submissions presented by the claimant herein.
13. Despite the fact that the Claimant stated that he was employed by the Respondent, he gave no proof of such an employment relationship. No witness was called to substantiate his case. No evidence of any payments he alleges he was paid by the Respondent was submitted too.
14. In this Court’s view, the Claimant has failed to prove the existence of an employment relationship with the Respondent and therefore the entire claim fails accordingly.
Dated and delivered in open Court this 27th day of February, 2020.
HON. LADY JUSTICE HELLEN WASILWA
JUDGE
In the presence of:
No appearance for Parties