[2018] KEELRC 2500 (KLR)
The court found that the Claimant failed to provide evidence of a formal declaration of redundancy or non-payment of terminal dues. The Claimant was informed that the Respondents' business had been taken over by another company, and he was immediately offered employment at a similar or higher salary, with no period...
Source-derived case information.
- Citation
- [2018] KEELRC 2500 (KLR)
- Parties
- Claimant: Douglas Muema Nzioka; Respondent: Electronics Technology Limited; Respondent: Stephen Njihia Mbugua; Respondent: Jacinta Wangui Njihia
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1492 of 2016
- Procedural Posture
- Employment Claim / Judgment
- Outcome
- claim dismissed
- Judges
- L Ndolo, DO Ogal
- Legal Topics
- Redundancy, Terminal Dues, Unlawful Termination, Accrued Leave, Unpaid Commission
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Douglas Muema Nzioka
Claimant
Electronics Technology Limited
Respondent
Stephen Njihia Mbugua
Respondent
Jacinta Wangui Njihia
Respondent
Procedural Posture
Employment Claim / Judgment
Legal Issues
- 1 Whether the Claimant has made out a case for unlawful termination of employment.
- 2 Whether the Claimant is entitled to the remedies sought.
Ratio Decidendi
The court found that the Claimant failed to provide evidence of a formal declaration of redundancy or non-payment of terminal dues. The Claimant was informed that the Respondents' business had been taken over by another company, and he was immediately offered employment at a similar or higher salary, with no period of unemployment or reduction in pay. The claims for accrued leave and unpaid commissions were also not substantiated with evidence. Consequently, the court held that the Claimant did not establish a case for unlawful termination or entitlement to the remedies sought, and dismissed the entire claim.
Court Disposition
claim dismissed
Orders
- The Claimant’s entire claim is dismissed with no order for costs.
Full Case Text
Judgment text and source record
39 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
DOUGLAS MUEMA NZIOKA...............................................CLAIMANT
VERSUS
ELECTRONICS TECHNOLOGY LIMITED.............1ST RESPONDENT
STEPHEN NJIHIA MBUGUA..................................2ND RESPONDENT
JACINTA WANGUI NJIHIA.....................................3RD RESPONDENT
JUDGMENT
Introduction
1. The Claimant’s claim brought by a Memorandum of Claim dated 18th July 2016 and filed in court on 29th July 2016 is for payment of terminal dues.
2. The Respondents did not file any reply in spite of due service. I therefore heard the Claimant ex parte.
The Claimant’s Case
3. The Claimant states that he was employed by the 1st Respondent as an Accounts Assistant on 17th January 2001 at a monthly salary of Kshs. 18,000 plus a commission of 2% on monthly sales. He adds that he was declared redundant on 30th January 2016.
4. The Claimant further states that from May 2010, the Respondents did not pay him his monthly commissions. He avers that he was denied annual leave which had accumulated to 293 days as at the time he left employment. Additionally, he was not paid his redundancy dues.
5. The Claimant has tabulated his claim as follows:
a)1 month’s salary in lieu of notice.......................Kshs. 18,000
b)Severance pay for 15 years..........................................135,000
c)Accrued leave for 293 days...........................................251,000
d)Unpaid commission...................................................1,758,149
e)12 months’ salary in compensation............................216,000
Findings and Determination
6. There are two (2) issues for determination in this case:
a) Whether the Claimant has made out a case for unlawful termination of employment;
b) Whether the Claimant is entitled to the remedies sought.
Unlawful termination?
7. The Claimant’s claim is based on his assertion that he was declared redundant but was not paid his terminal dues. The Claimant did not however present any evidence on declaration of redundancy. All he told the Court is that on 30th January 2016, he and his colleagues were notified by the Managing Director of a company known as Office Dynamics Limited that he had taken over the Respondents’ business. They were invited to apply for new jobs upon which the Claimant was employed as a rider at a monthly salary of Kshs. 18,975 effective 1st February 2016.
8. It would appear that the Claimant never stayed out of work nor was his salary reduced. In the circumstances, the Court was unable to establish any case of redundancy and the Claimant’s claim on this account therefore fails and is dismissed.
9. The claims for leave pay and accrued commissions were not proved and are also dismissed.
10. In the end, the Claimant’s entire claim fails and is dismissed with no order for costs.
11. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 4THDAY OF JANUARY 2018
LINNET NDOLO
JUDGE
DELIVERED IN OPEN COURT AT NAIROBITHIS 26THDAY OF JANUARY 2018
MAUREEN ONYANGO
JUDGE
Appearance:
Douglas Muema Nzioka (the Claimant in person)
No appearance for the Respondent