[2016] KEELRC 1374 (KLR)
The court found that the claimant was dismissed without being given a reason, and the respondent failed to appear or defend the claim despite service. However, the claimant did not provide sufficient evidence to support claims for underpayment or leave/rest days, as there was no documentation or credible testimony...
Source-derived case information.
- Citation
- [2016] KEELRC 1374 (KLR)
- Parties
- Claimant: James Mwangi Mucheru aka Mugo; Respondent: Gikoe Mung’aria Investments Co. Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 439 of 2015
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Claim partly allowed; compensation for unfair dismissal awarded.
- Judges
- NJ Abuodha
- Legal Topics
- Unfair Dismissal, Compensation for Termination, Burden of Proof, Underpayment Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Mwangi Mucheru aka Mugo
Claimant
Gikoe Mung’aria Investments Co. Ltd
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was unfairly dismissed by the respondent without reason.
- 2 Whether the claimant is entitled to compensation for unfair dismissal.
- 3 Whether claims for underpayment and leave/rest days were sufficiently proved.
Ratio Decidendi
The court found that the claimant was dismissed without being given a reason, and the respondent failed to appear or defend the claim despite service. However, the claimant did not provide sufficient evidence to support claims for underpayment or leave/rest days, as there was no documentation or credible testimony on these points. The court therefore disallowed those claims but awarded compensation for unfair dismissal due to the respondent's failure to provide reasons or defend the action.
Court Disposition
Claim partly allowed; compensation for unfair dismissal awarded.
Orders
- The respondent shall pay the claimant KES 164,355.00 as compensation for unfair dismissal.
- Claims for underpayment and leave/rest days are disallowed.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NUMBER 439 OF 2015
JAMES MWANGI MUCHERU aka MUGO…………………….CLAIMANT
VERSUS
GIKOE MUNG’ARIA INVESTMENTS CO. LTD…...………RESPONDENT
JUDGMENT
1. This cause proceeded ex parte after the Court became satisfied that the respondent though served failed or ignored to file a response to the claim.
2. On 8th January, 2014, the claimant claimed he was dismissed in writing by the respondent but not given a reason for such dismissal. He however stated that he was accused of embezzling the rent collected. According to him the Chairman, Secretary and Treasurer took the money.
3. It was his evidence that he reported the dismissal to the Ministry of Labour and the respondent never showed up to settle the issue. He therefore sought an order for compensation from the Court as prayed in his memorandum of claim.
4. The matter though proceeded as undefended, the claimant still had a duty to prove his claim before the Court.
5. On the issue of underpayment, the claimant apart from attaching copies of wage orders did not produce any document or record to show how much he was paid in order for the Court to compare and determine if indeed he was underpaid and by how much and or how long. This claim is therefore not sufficiently proved hence disallowed.
6. On the claim for leave and rest days for 11 years the Court also finds the same unsustainable since the claimant neither in his oral evidence nor by any record in his pleadings showed that he asked for leave and was never granted.
7. The Court will however for failure by the respondent to appear to defend reasons for 164,355. 00
8. It is so ordered.
Dated at Nairobi this 15th day of April 2016
Abuodha Jorum Nelson
Judge
Delivered this 15th day of April 2016
In the presence of:-
……………………………………………………………for the Claimant and
………………………………………………………………for the Respondent.
Abuodha Jorum Nelson
Judge