[2018] KEELRC 158 (KLR)
The court found that the claimant was employed as a casual worker by the respondent for over three years and was not paid service pay for the period worked. The respondent failed to provide any evidence to contest the claimant's assertions. The court accepted the claimant's evidence that he stopped working due to...
Source-derived case information.
- Citation
- [2018] KEELRC 158 (KLR)
- Parties
- Claimant: Jacob Mwangangi; Respondent: Land Mark Holdings Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1548 of 2015
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- claim partly allowed
- Judges
- HS Wasilwa
- Legal Topics
- Unfair Termination, Service Pay, Notice Pay, Casual Employment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacob Mwangangi
Claimant
Land Mark Holdings Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was wrongfully and unfairly terminated from employment.
- 2 Whether the claimant is entitled to service pay and notice pay.
- 3 Whether the respondent failed to pay terminal dues to the claimant.
Ratio Decidendi
The court found that the claimant was employed as a casual worker by the respondent for over three years and was not paid service pay for the period worked. The respondent failed to provide any evidence to contest the claimant's assertions. The court accepted the claimant's evidence that he stopped working due to accusations and arrest but was not formally terminated or suspended. Since the claimant left on his own volition, he was not entitled to notice pay. The court awarded the claimant service pay calculated as 15 days' salary for each year worked, amounting to KES 12,375, and ordered the respondent to pay costs and interest.
Court Disposition
claim partly allowed
Orders
- Respondent to pay claimant KES 12,375 as service pay.
- Respondent to pay costs of the suit.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 1548 OF 2015
(Before Hon. Justice Hellen S. Wasilwa on 20th December, 2018)
JACOB MWANGANGI ...................................................................CLAIMANT
VERSUS
LAND MARK HOLDINGS LIMITED.......................................RESPONDENT
JUDGEMENT
1. The Claimant herein filed his Memorandum of Claim on 2. 9.2015 in person alleging wrongful and unfair termination of his services and failure by the Respondent to pay him his terminal dues.
2. The Claimant’s case is that he was employed on 2. 2.2012 by the Respondent as a casual. He was paid a daily wage of 275/=. He then served the Respondent for 3 years and 2 months and the Respondent refused to pay him his wages though he was still working. He stopped working on 28/2/2015.
3. His claim is for payment of his service pay and notice. He avers that he stopped work as Respondent kept accusing him of theft and had the police arrest him but he was never charged in Court.
4. In cross-examination, the Claimant indicated that he was never suspended. He denies ever writing a letter apologising over some documents. He denied that Appendix 3 in Respondents documents was his document as the handwriting is not his.
5. He told Court that he used to be paid every Saturday but was not paid for February 2015. His only claim is service pay and notice pay.
6. The Respondent never offered any evidence to this claim despite filing a defence in Court.
7. Since the only claim in Court is for service pay, I allow the same and award Claimant 15 days salary for each year worked = ½ x 8250 x 3 = 12,375/=.
8. Since the Claimant stopped working on his own volition as stated in evidence, he is not entitled to notice pay.
9. The Respondent will pay costs of this suit plus interest at Court rates with effect from the date of this judgement.
Dated and delivered in open Court this 20th day of December, 2018.
HON. LADY JUSTICE HELLEN WASILWA
JUDGE
In the presence of
Mukeli holding brief Magu for Respondent
Claimant – Present