[2017] KEELRC 758 (KLR)
The court found that the respondent, having been duly served, failed to enter appearance or file a response, and thus did not discharge its statutory burden to justify the termination of the claimant's employment. The court accepted the claimant's uncontested evidence that his employment was unfairly terminated and...
Source-derived case information.
- Citation
- [2017] KEELRC 758 (KLR)
- Parties
- Claimant: John Kimani Gitagia; Respondent: LOL General Trading Co. Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 759 of 2015
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Judgment entered for the claimant as prayed, subject to statutory deductions.
- Judges
- DI Wasike
- Legal Topics
- Unfair Termination, Employment Contracts, Remedies for Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Kimani Gitagia
Claimant
LOL General Trading Co. Ltd
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant's employment was wrongfully and unfairly terminated.
- 2 Whether the claimant is entitled to compensation and other terminal dues.
Ratio Decidendi
The court found that the respondent, having been duly served, failed to enter appearance or file a response, and thus did not discharge its statutory burden to justify the termination of the claimant's employment. The court accepted the claimant's uncontested evidence that his employment was unfairly terminated and that he was entitled to the remedies sought, including salary in lieu of notice, salary for days worked, unpaid leave, service pay, and compensation for unfair termination. The awards were made subject to statutory deductions.
Court Disposition
Judgment entered for the claimant as prayed, subject to statutory deductions.
Orders
- Respondent to pay claimant one month salary in lieu of notice: 19,480.00 KES.
- Respondent to pay claimant salary for days worked in December 2014: 3,141.90 KES.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF
KENYA AT NAIROBI
CAUSE 759 OF 2015
JOHN KIMANI GITAGIA...............................................CLAIMANT
VERSUS
LOL GENERAL TRADING CO. LTD.....................RESPONDENT
JUDGEMENT
1. This cause proceeded as undefended after the court became satisfied that the respondent was duly served with summons but failed to enter appearance and file a response to the claim. The onus of proof of reasons for terminating employment rests with the employer. The respondent in this case did not show up in court to defend the termination. The court will therefore go by the claimants averments.
2. In his memorandum of claim filed on 6th May, 2013 claimant averred that he was employed by the respondent as a driver on 5th December, 2014 at a monthly salary of 19,480/=. According to him, his services were wrongfully and unfairly terminated on 5th December, 2014.
3. Since January 2014, he had strained working relationship with the respondent’s Human Resources Manager who on numerous occasions frustrated and demeaned his work by issuing contradicting instructions from his immediate supervisor. Despite his complaints, the respondent did nothing to resolve the strained relationship.
4. The matter being undefended the court will enter judgement against the respondent as follows:
a. One month salary in lieu of notice 19,480. 00
b. Salary for days worked in December 2014 3,141. 90
c. Unpaid leave for 2 years 27,272. 00
d. Service pay 19,480. 00
e. Six months salary as compensation for unfair
termination of services 116,880. 00
186,254. 00
f. Costs of the suit
5. Awards (a) – (e) shall be subjected to statutory deductions.
6. It is so ordered.
Dated at Nairobi this 17th day of March, 2017
Abuodha J. N.
Judge
Delivered this 17th of March, 2017
Abuodha J. N.
Judge
In the presence of:-
……………………………………………………………for the Claimant
…………………………………………………………….for the Respondent.
Abuodha J. N.
Judge