[2017] KEELRC 1123 (KLR)
The court found that the claimant's employment was terminated without just cause or notice, in violation of the Employment Act. The respondents failed to provide any evidence or response to counter the claimant's assertions. The claimant was not given a fair reason for dismissal, was denied notice, did not utilize...
Source-derived case information.
- Citation
- [2017] KEELRC 1123 (KLR)
- Parties
- Claimant: Evans Okongo; Respondent: Dhanjal Investments Limited; Respondent: Travellers Beach Hotel & Club
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 832 of 2016
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- claim allowed
- Legal Topics
- Unfair Termination, Summary Dismissal, Notice Pay, Annual Leave Entitlement, Service Pay, Holiday Pay
- 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
Evans Okongo
Claimant
Dhanjal Investments Limited
Respondent
Travellers Beach Hotel & Club
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant's employment was unfairly terminated without just cause or notice.
- 2 Whether the claimant is entitled to compensation for unfair termination, annual leave pay, notice pay, service pay, and holiday pay.
- 3 Whether the claimant is entitled to a certificate of service and costs.
Ratio Decidendi
The court found that the claimant's employment was terminated without just cause or notice, in violation of the Employment Act. The respondents failed to provide any evidence or response to counter the claimant's assertions. The claimant was not given a fair reason for dismissal, was denied notice, did not utilize his annual leave, worked holidays without compensation, and was not shown to be a beneficiary of any social security plan, making him eligible for service pay. In the absence of any counterevidence, the court accepted the claimant's evidence as unchallenged and found the termination to be unfair. The court awarded the claimant the total sum claimed, as detailed in the statement...
Court Disposition
claim allowed
Orders
- The respondent shall pay the claimant the total sum of Kshs. 308,181 as detailed in the statement of claim.
- Costs granted to the claimant.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT MOMBASA
CAUSE NUMBER 832 OF 2016
BETWEEN
EVANS OKONGO......................................................CLAIMANT
VERSUS
1. DHANJAL INVESTMENTS LIMITED
2. TRAVELLERS BEACH HOTEL & CLUB.........RESPONDENT
Rika J
Court Assistant: Benjamin Kombe
Kanyi J & Company Advocates for the Claimant
No appearance for the Respondents
JUDGMENT
1. The Claimant filed his Statement of Claim on 25th October 2016. He states he was employed by the Respondents as a Gardener on 14th February 2012. He was paid a daily wage of Kshs. 250. His contract was terminated by the Respondent without just cause and/or notice, on 30th May 2015. He prays for a declaration that termination was unfair; compensation the equivalent of 12 months’ salary for unfair termination; annual leave pay at Kshs. 22,134; notice pay at Kshs. 15,810; service pay at Kshs. 31,500; and holiday pay at Kshs. 46,376, added up at Kshs. 308,181. He also prays to be issued with the Certificate of Service, and for the costs.
2. The Respondent did not enter appearance or file response in any form. The Claimant was heard by way of formal proof, on the 23rd March 2012.
3. The Court is satisfied his Claim has merit. He was unfairly dismissed by the Respondents. He was not given a fair and valid reason for the decision. He was denied notice. He did not utilize his annual leave entitlement. He worked over the holidays without compensation. He was not shown to be a beneficiary under any Social Security Plan, and is eligible for service pay. In all the Court, in the absence of any counterevidence, finds in favour of the Claimant. It is ordered that: the Respondent shall pay the Claimant the total sum of Kshs. 308,181 as detailed in the Statement of Claim. Costs granted to the Claimant.
Dated and delivered at Mombasa this 21st day of June 2017
James Rika
Judge