[2016] KEELRC 1070 (KLR)
The court found that the respondent failed to provide any reason or justification for terminating the claimant's employment and did not follow due process as required by the Employment Act. The court accepted the claimant's uncontroverted evidence that her services were terminated unfairly. The court also noted that...
Source-derived case information.
- Citation
- [2016] KEELRC 1070 (KLR)
- Parties
- Claimant: Hadijah Cheruto Linda Hamisi; Respondent: Institute of Certified Public Accounts of Kenya
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 41 of 2015
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Claim allowed in part; claimant awarded compensation for unfair termination and costs.
- Judges
- NJ Abuodha
- Legal Topics
- Unfair Termination, Employment Contracts, Notice Pay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hadijah Cheruto Linda Hamisi
Claimant
Institute of Certified Public Accounts of Kenya
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was unfairly terminated from employment without reason or due process.
- 2 Whether the claimant is entitled to salary in lieu of notice and compensation for unfair termination.
- 3 Whether the claimant was underpaid during her employment.
Ratio Decidendi
The court found that the respondent failed to provide any reason or justification for terminating the claimant's employment and did not follow due process as required by the Employment Act. The court accepted the claimant's uncontroverted evidence that her services were terminated unfairly. The court also noted that there was no evidence to support the claim for underpayment or to establish the claimant's qualifications for the librarian position. Consequently, the court awarded the claimant one month's salary in lieu of notice and six months' salary as compensation for unfair termination, totaling Kshs. 56,000, plus costs of the suit.
Court Disposition
Claim allowed in part; claimant awarded compensation for unfair termination and costs.
Orders
- The claimant is awarded Kshs. 56,000 as compensation for unfair termination and salary in lieu of notice.
- The claimant shall have costs of the suit.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NUMBER 41 OF 2015
HADIJAH CHERUTO LINDA HAMISI………..…………………............CLAIMANT
VERSUS
INSTITUTE OF CERTIFIED PUBLIC ACCOUNTS OF KENYA………RESPONDENT
JUDGMENT
1. This cause proceeded as an undefended once the Court became satisfied that the respondent though entered appearance did not file a defence within stipulated or reasonable time.
2. The claimant averred that she was employed as an intern librarian for an aggregate period of 6 months. Upon completion of the internship, the respondent requested her to continue as a librarian until June, 2014 when the respondent terminated her services without any reason or justification.
3. Under section 2 of the Employment Act an employee is defined to mean a person employed for wages or a salary and includes an apprentice and indentured learner. The various letters of offer for internship issued to the claimant provided that she would be assigned duties which would be allocated to her from time to time by the Value Addition Services and other departments in the division.
4. The letters read together with the one dated 28th March, 2014 yields as reasonable the meaning that the claimant as an intern was assigned duties of a librarian.
5. The claimant however neither averred that she was a student of librarianship nor that by the time she claims to have been hired as a librarian on permanent basis, she had the requisite qualifications. The issue of underpayments cannot therefore arise. Further the claimant did not exhibit any evidence to show the alleged salary payable to librarians by the respondents to justify the claim for underpayment.
6. The Court is however in the dark whether the respondent in terminating the claimant’s services gave a reason for doing so or followed due process as stipulated in the Employment Act. The Court only has the claimant’s side of the story that she was terminated either for no reason or invalid reasons and in doing so, no due process was followed as required by the Employment Act.
7. The Court therefore awards her one month’s salary in lieu of notice and six month’s salary for unfair termination of services.
8. That is to say the Court awards the claimant Kshs.56,000/=. The claimant shall further have costs of the suit.
9. It is so ordered.
Dated at Nairobi this 3rd day of June 2016
Abuodha Jorum Nelson
Judge
Delivered this 3rd day of June 2016
In the presence of:-
…………………………………………for the Claimant and
…………………………………………for the Respondent.
Abuodha Jorum Nelson
Judge