[2018] KEELRC 1041 (KLR)
The court found that the claimant was unfairly terminated while on sick leave, and that the respondent failed to remit statutory deductions and provide leave as required by law. The respondent did not contest the claim despite being duly served. The court accepted the claimant's evidence and awarded compensation for...
Source-derived case information.
- Citation
- [2018] KEELRC 1041 (KLR)
- Parties
- Claimant: Fredrick Oduor Ochieng; Respondent: Marketing Africa Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1673 of 2018
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Claim allowed. Judgment entered for the claimant as prayed.
- Judges
- NJ Abuodha
- Legal Topics
- Unfair Termination, Terminal Dues, Leave Entitlement, Statutory Deductions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Oduor Ochieng
Claimant
Marketing Africa Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was unfairly terminated while on sick leave.
- 2 Whether the claimant is entitled to salary in lieu of notice, unpaid leave, unpaid salary, and compensation for unfair termination.
- 3 Whether statutory deductions and medical bills were properly handled by the respondent.
Ratio Decidendi
The court found that the claimant was unfairly terminated while on sick leave, and that the respondent failed to remit statutory deductions and provide leave as required by law. The respondent did not contest the claim despite being duly served. The court accepted the claimant's evidence and awarded compensation for unfair termination, unpaid leave, salary in lieu of notice, unpaid salary, and days worked. The award is subject to statutory deductions and taxes. Costs were also awarded to the claimant.
Court Disposition
Claim allowed. Judgment entered for the claimant as prayed.
Orders
- Respondent to pay claimant KES 16,000 as one month's salary in lieu of notice.
- Respondent to pay claimant KES 33,600 for unpaid leave.
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 1673 OF 2015
FREDRICK ODUOR OCHIENG...............................CLAIMANT
VERSUS
MARKETING AFRICA LIMITED......................RESPONDENT
JUDGEMENT
1. The claimant stated that he was employed in December, 2006 as a messenger. He stated that his monthly salary was Kshs 16,000/= per month. According to his evidence he was terminated while on sick leave. The leave was for three months. He reported the dispute to the Ministry of Labour and the respondent was summoned and agreed to pay the medical bill. He further stated that the respondent had an AAR Card hence it was wrong to deduct medical bill from his terminal dues.
2. The claimant further stated that during the period he worked he never went on leave and that the respondent never remitted his NSS and NHIF dues but later did so when compelled by the NSSF Inspectors.
3. The matter proceeded ex parte after the court became persuaded that the respondent was duly served but failed to enter appearance and file a defence. The court therefore did not have the benefit of receiving the respondent’s side of the story.
4. The court therefore makes the following award:
a. One month’s salary in lieu of notice 16,000
b. Unpaid leave 33,600
c. Unpaid balance of salary for February 7,500
d. 17 days worked in March 2015 9,061
e. Eight months salary for unfair
termination of service 128,000
194,161
5. The claimant shall further have costs of the suit. The award shall be subject to taxes and statutory deductions.
6. It is ordered.
Dated at Nairobi this 28th day of September, 2018
Abuodha Jorum Nelson
Judge
Delivered this 28th day of September, 2018
Abuodha Jorum Nelson
Judge
In the presence of:-
…………………………………………………………for the Claimant and
……………………………………………………………for the Respondent.