[2018] KEHC 1043 (KLR)
The court found that the claimant's termination was not preceded by a notice to show cause or a proper disciplinary hearing, nor was it for a valid reason. The respondent failed to follow the mandatory procedures under the Employment Act, specifically sections 41, 43, and 45. The claim was undefended, and the...
Source-derived case information.
- Citation
- [2018] KEHC 1043 (KLR)
- Parties
- Claimant: Job Madede; Respondent: Acacia Ventures Limited
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 20 of 2018
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for the claimant
- Judges
- MN Nduma
- Legal Topics
- Unfair Termination, Compensation for Dismissal, Notice Pay, Terminal Benefits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Job Madede
Claimant
Acacia Ventures Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was unlawfully and unfairly terminated from employment.
- 2 Whether the claimant is entitled to compensation and terminal benefits as claimed.
Ratio Decidendi
The court found that the claimant's termination was not preceded by a notice to show cause or a proper disciplinary hearing, nor was it for a valid reason. The respondent failed to follow the mandatory procedures under the Employment Act, specifically sections 41, 43, and 45. The claim was undefended, and the claimant's evidence was unchallenged. The court held that the claimant was entitled to compensation for unfair dismissal, salary arrears, pay in lieu of notice, and leave pay. The claim for quota appraisal was dismissed for lack of proof. The court awarded the claimant a total of Kshs.714,000 and ordered the respondent to provide a certificate of service and pay costs.
Court Disposition
judgment for the claimant
Orders
- Respondent to pay claimant Kshs.170,000 as compensation for unlawful dismissal.
- Respondent to pay claimant Kshs.170,000 in lieu of one month notice.
Full Case Text
Judgment text and source record
42 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT KISUMU
CAUSE NO. 20 OF 2018
(Before Hon. Justice Mathews N. Nduma)
JOB MADEDE.......................................................CLAIMANT
VERSUS
ACACIA VENTURES LIMITED..................RESPONDENT
J U D G M E N T
1. The Claimant seeks compensation for unlawful an unfair termination of employment and payment of terminal benefits set out in the statement of claim filed on 18th January, 2018 as follows:-
a. One month salary in lieu of notice.
b. Arrear salary for October and November, 2017.
c. 14 days leave and certificate of service.
2. The statement of claim was served and the Respondent filed notice to enter appearance on 9th February, 2018.
3. The Respondent however did not file statement of defence to the suit.
4. The claim is therefore undefended.
5. The Claimant testified under oath in support of the reliefs sought and relied on documents marked J.M. ‘1’ to J.M. ‘10’ produced as exhibits in the suit.
6. The court finds that the following claims have been proved on a balance of probability and judgment entered in favour of the Claimant as against the Respondent –
a. Kshs.170,000 in lieu of one month notice not given.
b. Kshs.294,667 being arrear salary for the months of October.
c. Kshs.79,333 in lieu of 14 days leave not taken.
7. The claim for quota appraisal for 1st and 2nd quota was not sufficiently proved and is dismissed.
Compensation
8. With regard to the claim for compensation for unlawful and unfair termination of employment, the court is satisfied that the termination of the employment of the Claimant by an email dated 22nd November, 2017 was not preceded by a notice to show cause or a proper disciplinary hearing. The termination was not for a valid reason and was not effected in terms of a fair procedure.
9. The Claimant has proved on a balance of probability that Respondent violated sections 41, 43 and 45 of the Employment Act. The Claimant is entitled to compensation in terms of section 49(1) (c) and (4) of the Act.
10. The Claimant held a Senior position of Finance Manager and doubled up as General Manager. The claimant earned a monthly salary of Kshs.170,000. The Claimant wished to continue serving the Respondent but lost his job without notice and without payment of any terminal benefits including salary for days worked.
11. The claimant suffered loss and damage and did not contribute to the unlawful termination. The Claimant had served the Respondent for about eleven (11) months. The court awards the Claimant the equivalent of one (1) month salary in compensation for the unlawful dismissal in the sum of Kshs.170,000.
12. In the final analysis judgment is entered in favour of the Claimant as against the Respondent as follows:-
(a) Kshs.170,000 being the equivalent of one month salary in compensation.
(b) Kshs.170,000 in lieu of one month notice.
(c) Kshs.294,667 arrear salary for October and November, 2017.
(d) Kshs.79,333 in lieu of 14 days leave.
Total award Kshs.714,000.
(e) Respondent to provide the Claimant with certificate of service within 30 days.
(f) Interest at court rates from date of judgment in respect of (a) above and from date of filing suit in respect of (b), (c) and (d) above till payment in full.
(g) Respondent to pay costs of the suit.
Dated, Delivered and Signed in Kisumu this 20th day of December, 2018
Mathews N. Nduma
Judge
Appearances
M/s. Chepngetich for Claimant
Chrispo – Court Clerk