[2018] KEELRC 1422 (KLR)
The court found that the claimant was unfairly terminated after being asked to leave for requesting to read documents before signing. The respondent failed to appear or contest the claim. The court accepted the claimant's evidence that she was not paid house allowance, did not go on leave, and was not given notice....
Source-derived case information.
- Citation
- [2018] KEELRC 1422 (KLR)
- Parties
- Claimant: Immaculate Ingado Indonyi; Respondent: Hiten Somaiya
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 658 of 2014
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Judgment entered for the claimant as prayed.
- Judges
- DI Wasike
- Legal Topics
- Unfair Termination, House Allowance, Annual Leave Entitlement, Notice Pay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Immaculate Ingado Indonyi
Claimant
Hiten Somaiya
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was unfairly terminated from employment.
- 2 Whether the claimant is entitled to salary in lieu of notice, unpaid salary, house allowance, annual leave, and compensation for unfair termination.
Ratio Decidendi
The court found that the claimant was unfairly terminated after being asked to leave for requesting to read documents before signing. The respondent failed to appear or contest the claim. The court accepted the claimant's evidence that she was not paid house allowance, did not go on leave, and was not given notice. The court awarded her one month's salary in lieu of notice, unpaid salary for January 2014, annual leave for 2012/2013, and four months' pay as compensation for unfair termination, plus costs.
Court Disposition
Judgment entered for the claimant as prayed.
Orders
- The respondent shall pay the claimant Kshs 7,350 as one month's salary in lieu of notice.
- The respondent shall pay the claimant Kshs 7,350 as salary for January 2014.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NUMBER 658 OF 2014
IMMACULATE INGADO INDONYI......CLAIMANT
VERSUS
HITEN SOMAIYA.................................RESPONDENT
JUDGMENT
1. This matter proceeded ex-parte after the court became satisfied that the respondent was duly served.
2. The claimant stated that she was hired via oral contract and employed by the respondent as a house-help at a monthly salary of 7,350/=.
3. On 4th February, 2014 the respondent called her and asked her to sign some papers which she was told were for renewal of contract. She asked to read through first but the respondent refused.
4. The respondent got upset and asked her to leave. It was her evidence that she was never paid house allowance and never went on leave during the period she worked.
5. The court will therefore enter judgement as follows:
Kshs
a. One month’s salary in lieu of notice 7,350
b. Salary for January, 2014 7,350
c. Annual leave for 2012/2013 7,350
d. Four months pay as compensation for
unfair termination 29,400
51,450
e. Costs of the suit
6. It is so ordered.
Dated at Nairobi this 20th day of July, 2018
Abuodha J. N.
Judge
Delivered at Nairobi this 20th day of July, 2018
Abuodha J. N.
Judge
In the presence of:-
………………………for the Claimant
………………………for the Respondent