[2017] KEELRC 1790 (KLR)
The court found that the respondent failed to attend court or provide evidence to rebut the claimant's assertions regarding employment and termination. The statutory burden to keep employment records lies with the employer, and in the absence of such records or evidence, the claimant's case stands unchallenged. The...
Source-derived case information.
- Citation
- [2017] KEELRC 1790 (KLR)
- Parties
- Claimant: Edward Odongo Owiti; Respondent: Salama Hotel Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 293 of 2015
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for the claimant
- Judges
- DI Wasike
- Legal Topics
- Unfair Termination, Service Pay, Notice Pay, Compensation for Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Edward Odongo Owiti
Claimant
Salama Hotel Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was an employee of the respondent.
- 2 Whether the termination of the claimant's employment was unfair or unlawful.
- 3 Whether the claimant is entitled to service pay, notice pay, compensation, and costs.
Ratio Decidendi
The court found that the respondent failed to attend court or provide evidence to rebut the claimant's assertions regarding employment and termination. The statutory burden to keep employment records lies with the employer, and in the absence of such records or evidence, the claimant's case stands unchallenged. The court accepted the claimant's evidence that he was employed from May 1998 to May 2013, was terminated without lawful cause, and was entitled to compensation for unfair termination, service pay, notice pay, and costs. The court thus entered judgment in favour of the claimant for the amounts claimed and awarded costs.
Court Disposition
judgment for the claimant
Orders
- The respondent shall pay the claimant Kshs 9,866 as one month's salary in lieu of notice.
- The respondent shall pay the claimant Kshs 147,988 as service pay at the rate of 15 days for each completed year of service.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF
KENYA AT NAIROBI
CAUSE NUMBER 293 OF 2015
EDWARD ODONGO OWITI…….......…..CLAIMANT
VERSUS
SALAMA HOTEL LIMITED…............RESPONDENT
JUDGEMENT
1. The claimant pleaded that he was employed by the respondent as a cleaner/gardener through an oral agreement at a salary of Kshs 4,500 per month. He worked until May 2013 when according to him the respondent terminated his services without any lawful cause or justification. According to him, he was terminated on account of his old age. He further averred that during the period of his employment he never went on leave and worked long hours without extra pay.
2. The respondent on its part denied that the claimant was his employee and if at all he was a casual worker engaged on day to day basis. At the trial only the claimant gave evidence. The respondent was absent. The claimant’s brief testimony was that he was employed by the respondent in May, 1998 and left employment in May 2013. His monthly salary was Kshs 4,500 for the entire period.
3. The onus of keeping employment records is on the employer. If it be true as the respondent alleges that the claimant was not its employee, nothing prevented them to come to court and put the claimant to task. This did not happen. The claimant’s averments therefore remain uncontroverted.
4. The court therefore enters judgment in favour of the claimant as follows:
Kshs.
a. One month’s salary in lieu of notice 9,866
b. Service pay at the rate of 15 days
pay for each completed year of service 147,988
c. Six months salary as compensation
for unfair termination of services 59,196
217,050
d. Costs of the suit.
8. It is so ordered.
Dated at Nairobi this 10th day of February 2017
Abuodha J. N.
Judge
Delivered this 10th day of February 2017
In the presence of:-
………………………………………for the Claimant and
………………………………………for the Respondent.
Abuodha J. N.
Judge