[2012] KEELRC 106 (KLR)
The court found that the claimant's employment was terminated without any evidence of lawful cause or due process from the respondent. The respondent failed to attend court or contest the claim, and no evidence was provided to justify the termination or to dispute the sums claimed. On a balance of probabilities, the...
Source-derived case information.
- Citation
- [2012] KEELRC 106 (KLR)
- Parties
- Claimant: John Nyamage; Respondent: Searite Holdings Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1599 of 2011
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for the claimant
- Judges
- B Ongaya
- Legal Topics
- Unfair Termination, Employee Entitlements, Remedies for Wrongful Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Nyamage
Claimant
Searite Holdings Ltd
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was unfairly terminated from employment.
- 2 Whether the claimant is entitled to the claimed sums for unpaid dues and unfair termination.
Ratio Decidendi
The court found that the claimant's employment was terminated without any evidence of lawful cause or due process from the respondent. The respondent failed to attend court or contest the claim, and no evidence was provided to justify the termination or to dispute the sums claimed. On a balance of probabilities, the court accepted the claimant's account and supporting documentation, finding the termination unfair and the claimant entitled to the claimed sums and remedies as set out in the Memorandum of Claim.
Court Disposition
judgment for the claimant
Orders
- The respondent shall pay the claimant Ksh.203,733.30 plus interest at court rates from the date of judgment until full payment.
- The respondent shall pay the claimant the costs of the cause.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
Industrial Court of Kenya
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JOHN NYAMAGE ………………………………………......................... CLAIMANT
VERSUS
SEARITE HOLDINGS LTD ……..…….……………………..……………….RESPONDENT
JUDGMENT
The Claimant John Nyamage filed the Memorandum of Claim on 21st September 2011. The Respondent Searite Holdings Limited was served and appointed Ngugi Waithuki & Company Advocates to represent them. The Advocates filed the Memorandum of appearance on 3rd November, 2011. The matter came up for mention on 20th December 2011 and for hearing on 24th May, 2011 when the Respondent, having been served, did not attend court.
On 31st October, 2012 the claimant was in court and the Respondent and its Counsel were absent despite having been served with the relevant hearing notice. The claimant testified in support of his case. The Claimant stated that he was employed by the Respondent from 1st July 2009 as a Security Guard until sometime in June 2010, when he requested the Respondent to provide him with new uniform and leave as well as overtime due but unpaid. The Respondent’s officers alleged that the Claimant had acted unlawfully. The Claimant relied on the demand letter from Kituo Cha Sheria addressed to the Respdoent setting out his claim for Ksh.119,733/= and Ksh,84,000. 00 for unfair termination.
In absence of any evidence from the Respondent to show the circumstances of the termination and the reasons leading to the termination, and, the Respondent having failed to oppose any of the claims as pleaded by the claimant, the court finds that the claimant has proved his case on a balance of probabilities. The court further finds that the claimant is entitled to the particulars of the claim and remedies as set out in the Memorandum of Claim. The termination was unfair.
Accordingly, judgment is hereby entered for the Claimant against the respondent for:
(a)the Respondent to pay the claimant Ksh.203,733. 30 plus interest at court rates from the date of the judgment till full payment; and
(b)the Claimant to be paid by the Respondent the costs of the cause.
Signed, dated and delivered this 2nd day of November, 2012.
BYRAM ONGAYA
JUDGE