[2015] KEELRC 1266 (KLR)
The court found that the claimant's employment was terminated without notice and without justification from the employer. Since the respondent failed to enter appearance or file a defence, the claimant's evidence remained unchallenged. The law places the burden on the employer to justify termination, and in the...
Source-derived case information.
- Citation
- [2015] KEELRC 1266 (KLR)
- Parties
- Claimant: Isaac Muli Muasya; Respondent: Lavington Security Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 295 of 2014
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Claim allowed as prayed. Judgment for the claimant.
- Judges
- DI Wasike
- Legal Topics
- Unfair Termination, Wrongful Dismissal, Burden of Proof, Compensation Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaac Muli Muasya
Claimant
Lavington Security Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant's termination was wrongful and unfair.
- 2 Whether the claimant is entitled to compensation for unfair termination.
- 3 Whether the respondent failed to justify the termination as required by law.
Ratio Decidendi
The court found that the claimant's employment was terminated without notice and without justification from the employer. Since the respondent failed to enter appearance or file a defence, the claimant's evidence remained unchallenged. The law places the burden on the employer to justify termination, and in the absence of any justification, the termination was deemed wrongful and unfair. The court therefore awarded the claimant the sum claimed and ordered the issuance of a certificate of service and costs.
Court Disposition
Claim allowed as prayed. Judgment for the claimant.
Orders
- The respondent shall pay the claimant Kshs.123,480 as compensation for unfair termination.
- The respondent shall issue the claimant with a certificate of service.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NUMBER 295 OF 2014
ISAAC MULI MUASYA………..........………..CLAIMANT
VERSUS
LAVINGTON SECURITY LIMITED.……..RESPONDENT
JUDGMENT
1. This claim proceeded as an undefended cause once the Court was reasonably satisfied that the respondent was duly served but failed to file a response to the claim.
2. The claimant seeks compensation from the Court on account of wrongful and unfair termination of his services.
3. The brief facts are that the claimant was employed on 1st June, 2012 as a supervisor. The appointment was verbal but was evidenced by claimant’s work identity card that described him as such.
4. His services were terminated on 5th December, 2012 without any prior notice hence he considered such action as unlawful and unfair.
5. In claims for unfair termination of employment, the onus is on the employer to justify the termination. In this particular case the respondent though served did not enter appearance or file a defence leaving the claimant’s claim uncontroverted. The Court therefore awards him the sum of Kshs.123,480 as prayed in his memorandum of claim.
6. The respondent shall further issue the claimant with a certificate of service. The claimant will have costs of the suit.
7. It is so ordered.
Dated at Nairobi this 6th day of March 2015
Abuodha J. N.
Judge
Delivered this 6th day of March 2015
In the presence of:-
…………for the Claimant and
……………for the Respondent.
Abuodha J. N.
Judge