[2016] KEELRC 503 (KLR)
The court found that the respondent failed to attend the hearing and did not discharge its statutory obligations under Sections 41, 43, and 45 of the Employment Act 2007 to justify the termination or demonstrate that fair procedure was followed. The respondent's response was a general denial and did not address the...
Source-derived case information.
- Citation
- [2016] KEELRC 503 (KLR)
- Parties
- Claimant: Edward Nyange Nyambu; Respondent: Kassam Hauliers Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 204 of 2013
- Procedural Posture
- Employment Cause / Final Award
- Outcome
- claim allowed in part
- Legal Topics
- Unfair Termination, Compensation for Dismissal, Notice Pay, Certificate of Service
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edward Nyange Nyambu
Claimant
Kassam Hauliers Limited
Respondent
Procedural Posture
Employment Cause / Final Award
Legal Issues
- 1 Whether the termination of the claimant's employment was unfair and unlawful.
- 2 Whether the claimant is entitled to compensation for unfair termination and notice pay.
- 3 Whether the claimant is entitled to a certificate of service and costs.
Ratio Decidendi
The court found that the respondent failed to attend the hearing and did not discharge its statutory obligations under Sections 41, 43, and 45 of the Employment Act 2007 to justify the termination or demonstrate that fair procedure was followed. The respondent's response was a general denial and did not address the claimant's specific allegations. The court adopted its findings from a similar case involving the same respondent, holding that the termination was unfair. The claimant was therefore entitled to compensation equivalent to 12 months’ salary and one month’s salary in lieu of notice. The prayer for terminal dues was declined based on the reasoning in the related Wandoe case. The...
Court Disposition
claim allowed in part
Orders
- Declaration that termination was unfair.
- Respondent to pay claimant compensation equivalent to 12 months’ salary (Kshs. 180,000) and one month’s salary in lieu of notice (Kshs. 15,000), totaling Kshs. 195,000.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NUMBER 204 OF 2013
BETWEEN
EDWARD NYANGE NYAMBU …………...........………………….. CLAIMANT
VERSUS
KASSAM HAULIERS LIMITED……………………………….. RESPONDENT
Rika J
Court Assistant: Benjamin Kombe
Odhiambo S.E. & Company Advocates for the Claimant
Makasembo Makonyango & Company Advocates for the Respondent
________________________________________________________
ISSUE IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
1. This matter shares a similar history with the Court’s Cause Number 205 of 2016 between Thomas Mghanga Wandoe v. Kassam Hauliers Limited.The Court shall not therefore dwell on the issues in dispute herein, and adopts the findings in the Wandoe Cause, in so far as they are relevant to the Cause herein.
2. The Claimant herein filed his Statement of Claim on the 16th July 2013. He was employed by the Respondent as a Mechanic in April 2010. He earned a monthly salary of Kshs. 15,000. He worked until 20th February 2013, when the Respondent terminated his contract of employment, without cause or notice.
3. He holds termination was unfair and seeks orders against the Respondent for: terminal dues at Kshs. 21,350; 1 month salary in lieu of notice at Kshs. 15,000; and 12 months’ salary in compensation for unfair termination at Kshs. 180,000- total Kshs. 216,250. He prays for a declaration that termination was unfair; he is issued Certificate of Service; and granted costs with interest.
4. The Court finds the Respondent did not attend Court for the hearing of its case. The Statement of Response on record is the same in tone and tenor, as the Statement in the Wandoe Case. It is a general denial. The Respondent has not discharged its obligation under Sections 41, 43 and 45 of the Employment Act 2007.
5. The Claim is allowed except for the prayer for terminal dues, which is declined on the grounds stated in the Wandoe Case.
IN SUM, IT IS ORDERED:-
a) Termination was unfair
b) The Respondent shall pay to the Claimant compensation the equivalent of 12 months’ salary at Kshs. 180,000; and 1 month salary in lieu of notice at Kshs. 15,000- total Kshs. 195,000.
c) Certificate of Service to issue.
d) Costs to the Claimant.
e) Interest granted to the Claimant at 14% from the date of delivery of the Award.
Dated and delivered at Mombasa this 23rd day of September 2016.
James Rika
Judge