[2019] KEELRC 1313 (KLR)
The court found that the claimant was employed by the respondent and her employment was terminated without notice and without just cause. The respondent failed to participate in the proceedings or justify the termination as required by Sections 43, 45, and 47 of the Employment Act. The claimant discharged her...
Source-derived case information.
- Citation
- [2019] KEELRC 1313 (KLR)
- Parties
- Claimant: Jennifer Nzula Mw; Respondent: Vert Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 673 of 2015
- Procedural Posture
- Employment Cause / Judgment After Formal Proof (undefended Claim)
- Outcome
- claim partly allowed
- Legal Topics
- Unfair Termination, Summary Dismissal, Notice Pay, Leave Entitlement, Overtime Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jennifer Nzula Mw
Claimant
Vert Limited
Respondent
Procedural Posture
Employment Cause / Judgment After Formal Proof (undefended Claim)
Legal Issues
- 1 Whether the claimant was unfairly terminated from employment by the respondent.
- 2 Whether the claimant is entitled to salary arrears, compensation for unfair termination, notice pay, overtime, and leave pay.
- 3 Whether the respondent complied with statutory requirements under the Employment Act in terminating the claimant.
Ratio Decidendi
The court found that the claimant was employed by the respondent and her employment was terminated without notice and without just cause. The respondent failed to participate in the proceedings or justify the termination as required by Sections 43, 45, and 47 of the Employment Act. The claimant discharged her evidential burden, and the claim was therefore undefended. The court awarded the claimant salary for May 2014, compensation for unfair termination, notice pay, and annual leave pay, totaling Kshs. 169,200. The claim for overtime was not established. The claimant was also awarded costs and interest at 14% per annum from the date of judgment until payment in full.
Court Disposition
claim partly allowed
Orders
- The claimant is awarded salary for May 2014, compensation for unfair termination, notice pay, and annual leave pay totaling Kshs. 169,200.
- The claim for overtime is dismissed.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NUMBER 673 OF 2015
BETWEEN
JENNIFER NZULA MW.....................................................CLAIMANT
VERSUS
VERT LIMITED.............................................................RESPONDENT
Rika J
Court Assistant: Lawrence Osotsi
Njogu & Associates, Advocates for the Claimant
No appearance for the Respondent
JUDGMENT
1. The Claimant filed her Statement of Claim on 23rd April 2015. She states she was employed by the Respondent Company as a Packer, between 2011 and 2014. She earned a monthly salary of Kshs. 10,575. She was locked out on 4th August 2014, and informed she had been summarily dismissed by the Respondent, on the allegation of absenteeism. She prays for Judgment against the Respondent on the following terms:-
a) Salary for the month of May 2014 at Kshs. 10,575.
b) Compensation for unfair termination at Kshs. 126,900.
c) Notice pay at Kshs. 10,575.
d) Overtime at Kshs. 221,760.
e) Leave pay at Kshs. 31,725
Total…Kshs. 401,535
f) Costs.
g) Interest.
h) Any other suitable relief.
2. The Respondent has not responded to the Claim. The Court ordered on 29th June 2017, that the Claim proceeds to formal proof. Formal proof took place during the Court’s Service Week at Nairobi, on 1st April 2019.
3. The Claimant adopts her Pleadings, Documents and Witness Statement on record. She lastly filed Submissions on 23rd April 2019.
The Court Finds:-
4. The Claim is undefended.
5. The Claimant has shown that she was employed by the Respondent as a Packer, between the years 2011-2014. She earned a monthly salary of Kshs. 10,575. Her contract was terminated by the Respondent without notice and just cause. She has discharged her evidential burden under Section 47 of the Employment Act, while the Respondent has completely failed to justify termination, under Section 43, 45 and 47 of the Act.
6. Her prayers, except overtime, have adequately been established.
7. The Claimant shall have the prayers on salary for the month of May 2014; compensation for unfair termination; notice; and annual leave, all totaled at Kshs. 169,200. She is granted costs, and interest at the rate of 14% per annum from the date of Judgment till payment is made in full.
Dated and signed at Mombasa this 3rd day of June 2019.
James Rika
Judge
Dated, delivered and signed at Nairobi this 14th day of June 2019.
Byram Ongaya
Judge