[2017] KEELRC 1683 (KLR)
The court found that the claimant's employment was terminated without notice and without payment of terminal dues. As the respondent failed to file a defence or contest the claim, the court accepted the claimant's evidence as uncontested. The court held that the termination was unfair and awarded the claimant one...
Source-derived case information.
- Citation
- [2017] KEELRC 1683 (KLR)
- Parties
- Claimant: Hussein Omar Hamisi; Respondent: Maurizio Corti
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1514 of 2014
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Judgment for the claimant. The respondent is ordered to pay the claimant one month's salary in lieu of notice and eight months' salary as compensation for unfair termination.
- Judges
- DI Wasike
- Legal Topics
- Unfair Termination, Notice Pay, Terminal Dues
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hussein Omar Hamisi
Claimant
Maurizio Corti
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant's termination was unfair for lack of notice.
- 2 Whether the claimant is entitled to terminal dues and compensation for unfair termination.
Ratio Decidendi
The court found that the claimant's employment was terminated without notice and without payment of terminal dues. As the respondent failed to file a defence or contest the claim, the court accepted the claimant's evidence as uncontested. The court held that the termination was unfair and awarded the claimant one month's salary in lieu of notice and eight months' salary as compensation for unfair termination, in accordance with the Employment Act.
Court Disposition
Judgment for the claimant. The respondent is ordered to pay the claimant one month's salary in lieu of notice and eight months' salary as compensation for unfair termination.
Orders
- The respondent shall pay the claimant Kshs 12,650 being one month's salary in lieu of notice.
- The respondent shall pay the claimant Kshs 101,200 being eight months' salary as compensation for unfair termination.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
AT NAIROBI
CAUSE NO. 1514 OF 2014
HUSSEIN OMAR HAMISI…….………………….….……..CLAIMANT
VERSUS
MAURIZIO CORTI…………………....……………..….RESPONDENT
JUDGEMENT
1. The claimant testified in court that he was employed by the respondent in February, 2004 as a casual. In 2006 he was taken up as a pasta cook at a salary of Kshs 6,000. He worked in this position until 2014 when his services were terminated.
2. According to him, the termination was unfair as he was never given any notice. He was simply told there was no more work for him. Upon termination, he was never paid his terminal dues.
3. The respondent entered appearance through Ms Conrad Maloba and Associates but never filed a response to the claim. The matter therefore proceeded undefended.
4. In absence of any defence the court will go by the claimant’s allegation and enter judgement as follows;
(a) One month’s salary in lieu of notice 12,650
(b) Eight months salary as compensation for
unfair termination of services 101,200
113,850
5. It is so ordered.
Dated at Nairobi this 3rd day of March, 2017
Abuodha J. N.
Judge
Delivered this 3rd day of March, 2017
In the presence of:-
…………………………..…….for the Claimant and
………………………………...for the Respondent.
Abuodha J. N.
Judge