[2023] KEELRC 2799 (KLR)
The court found that the claimant failed to present evidence to support her allegation of unfair termination and therefore did not discharge her evidential burden under section 47(5) of the Employment Act. Conversely, the respondent presented evidence and discharged her evidential burden. As a result, the claim for...
Source-derived case information.
- Citation
- [2023] KEELRC 2799 (KLR)
- Parties
- Applicant: Violet Indoshi; Respondent: Gaciku Kangari
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1991 of 2016
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- claim dismissed
- Judges
- J Rika
- Legal Topics
- Unfair Termination, Burden of Proof, Domestic Worker Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Violet Indoshi
Applicant
Gaciku Kangari
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was unfairly terminated from employment.
- 2 Whether the claimant discharged the evidential burden under section 47(5) of the Employment Act.
- 3 Whether the respondent justified the grounds for termination.
Ratio Decidendi
The court found that the claimant failed to present evidence to support her allegation of unfair termination and therefore did not discharge her evidential burden under section 47(5) of the Employment Act. Conversely, the respondent presented evidence and discharged her evidential burden. As a result, the claim for unfair termination could not be sustained and was dismissed. The court also considered the nature of the claimant's employment as a domestic help in declining to award costs.
Court Disposition
claim dismissed
Orders
- The claim is dismissed.
- There shall be no order on the costs.
Full Case Text
Judgment text and source record
22 paragraphs
Indoshi v Kangari (Cause 1991 of 2016) [2023] KEELRC 2799 (KLR) (2 November 2023) (Judgment)
Neutral citation: [2023] KEELRC 2799 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause 1991 of 2016
J Rika, J
November 2, 2023
Between
Violet Indoshi
Claimant
and
Gaciku Kangari
Respondent
Judgment
1. The Claimant was employed by the Respondent as a domestic help.
2. She presented this Claim, alleging that the Respondent unfairly terminated her contract.
3. Section 47(5) of the Employment Act states that, in any complaint of unfair termination of employment, or wrongful dismissal, the burden of proving that unfair termination or wrongful dismissed has occurred, shall rest on the Employee.
4. The burden of justifying the grounds of termination shall rest on the Employer.
5. The Claimant has not presented evidence before the Court, and has not discharged her evidential burden under section 47(5) of the Employment Act.
6. The Respondent has presented her evidence, and discharged her evidential burden under section 47(5) of the Employment Act.
7. It Is Ordered: -a.The Claim is dismissed.b.Granted that the Claimant worked as a domestic help, there shall be no order on the costs.c.The file is closed
DATED, SIGNED AND RELEASED TO THE PARTIES ELECTRONICALLY, AT NAIROBI, UNDER PRACTICE DIRECTION 6[2] OF THE ELECTRONIC CASE MANAGEMENT PRACTICE DIRECTIONS, 2020, THIS 2ND DAY OF NOVEMBER 2023. JAMES RIKAJUDGE