[2017] KEELRC 901 (KLR)
The court found that the respondent failed to follow due process as required by section 41 of the Employment Act, 2007, as the claimant was not given notice or a hearing prior to termination. The evidence established that the claimant was locked out, amounting to constructive termination. Although there were...
Source-derived case information.
- Citation
- [2017] KEELRC 901 (KLR)
- Parties
- Claimant: John Maina Wahome; Respondent: Vegpro (K) Ltd-Kitawi Farm
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 146 of 2016
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Judgment for the claimant.
- Judges
- B Ongaya
- Legal Topics
- Unfair Termination, Constructive Dismissal, Notice Pay, Certificate of Service, Costs of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Maina Wahome
Claimant
Vegpro (K) Ltd-Kitawi Farm
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was unfairly terminated from employment.
- 2 Whether due process under section 41 of the Employment Act, 2007 was followed in the termination.
- 3 Whether the claimant is entitled to compensation for unfair termination, notice pay, and other reliefs.
Ratio Decidendi
The court found that the respondent failed to follow due process as required by section 41 of the Employment Act, 2007, as the claimant was not given notice or a hearing prior to termination. The evidence established that the claimant was locked out, amounting to constructive termination. Although there were warnings on record, the lack of procedural fairness rendered the termination unfair. The court awarded the claimant three months’ salary as compensation for unfair termination under section 49(1)(c) of the Act, one month’s pay in lieu of notice, and costs of the suit. Claims for salary and house allowance for April 2013 and redundancy pay were dismissed as the claimant had already...
Court Disposition
Judgment for the claimant.
Orders
- The respondent to pay the claimant Kshs.42,000 by 01.09.2017, failing which interest to run at court rates.
- Certificate of service to be delivered by 01.09.2017.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT NYERI
CAUSE NO. 146 OF 2016
JOHN MAINA WAHOME…............................................CLAIMANT
VERSUS
VEGPRO (K) LTD-KITAWI FARM ……………….RESPONDENT
(Before Hon. Justice Byram Ongaya on Wednesday, 19th July, 2017)
JUDGEMENT
The claimant seeks judgment against the respondent for:
a) Salary for April 2013 Kshs.5,500/=.
b) One month pay in lieu of Notice Kshs.5,500/=.
c) House allowance for April 2013 Kshs.1,500/=.
d) Damages for wrongful termination Kshs.33,000/= being 6 months` salaries.
e) Redundancy pay Kshs.11, 000/=.
d) Certificate of service.
e) Costs of the suit plus interest.
f) Any other just relief.
The court has considered the pleadings and the evidence and makes findings as follows:
(1) The evidence is clear that the claimant was paid salary and allowances for April 2013 and the prayers in that regard will fail.
(2) The court returns that due process of notice and a hearing was not followed in the termination as envisaged in section 41 of Employment Act, 2007. Further the claimant was locked out and the same amounted to constructive termination. In view of the warnings on record, the court awards him Kshs.16, 500/= being 3 months’ salaries under section 49 (1) (c) of the Act for the unfair termination.
(3) The claimant is awarded one month pay in lieu of termination notice Kshs.5,500/=.
(4) He is entitled to certificate of service.
(5) Costs of the suit are awarded and fixed at Kshs.20, 000/=.
(6) He is not entitled to redundancy dues as claimed as there was no redundancy involved.
In conclusion Judgment is hereby entered for claimant against the respondent for:
(1) The respondent to pay the claimant Kshs.42, 000/= by 01. 09. 2017 failing interest to run at court rates.
(2) Certificate of service be delivered by 01. 09. 2017.
Signed, datedanddeliveredin court atNyerithisWednesday, 19th July, 2017.
BYRAM ONGAYA
JUDGE