[2012] KEELRC 137 (KLR)
The court found that the claimant's period of service was less than two months, part of which was spent in training, and that the respondent's offer of Kshs. 20,000 was reasonable and exceeded the claimant's strict legal entitlement. The court held that the short duration of employment did not justify compensation...
Source-derived case information.
- Citation
- [2012] KEELRC 137 (KLR)
- Parties
- Claimant: John Ogembo Ombogo; Respondent: Payless Car Hire and Tours Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 677 of 2011
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- claim partly allowed
- Legal Topics
- Unfair Termination, Notice Pay, Compensation for Termination
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Ogembo Ombogo
Claimant
Payless Car Hire and Tours Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was entitled to notice pay upon termination.
- 2 Whether the claimant was entitled to compensation for unfair termination given the short duration of employment.
Ratio Decidendi
The court found that the claimant's period of service was less than two months, part of which was spent in training, and that the respondent's offer of Kshs. 20,000 was reasonable and exceeded the claimant's strict legal entitlement. The court held that the short duration of employment did not justify compensation for unfair termination beyond notice pay. Accordingly, the court ordered the respondent to pay the claimant Kshs. 20,000 in full and final settlement of all claims, to be paid within seven days, with proof of payment to be filed in court.
Court Disposition
claim partly allowed
Orders
- The respondent shall pay the claimant Kshs. 20,000 in full and final settlement within 7 days.
- The respondent shall file proof of payment in court.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
Industrial Court of Kenya
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JOHN OGEMBO OMBOGO ……...........……………………..……….…....…....……..CLAIMANT
VERSUS
PAYLESS CAR HIRE AND TOURS LIMITED…………………….………………RESPONDENT
JUDGEMENT
This is a simple case where the claimant was employed on 18th August 2009 and terminated on 30th September 2009. He had worked for approximately 1. 5 months. The employer did not give him notice. He claims 1 months salary and notice totaling Shs.20,000/=. He also claims compensation of 12 months salary, a total of Shs.120,000. He admits having been paid Shs.5,000/= the month he left. He is therefore entitled to a further Shs.5,000/= as his salary per month was Shs.10,000/=.
Having heard the claimant and the Respondents advocate, having considered the evidence in the pleadings and the testimony of the claimant, and also having considered the offer by the Respondent to pay the claimant Shs.20,000/= as claimed, I find that the offer is reasonable as it is more than what the claimant is entitled to. The claimant worked for less than 2 months, part of which he was undergoing training. The length of service is too short to entitle him to compensation.
I therefore order that the Respondent pays the Claimant Kshs.20,000/= as already offered by the Respondent. The same to be paid to the Claimant in full and final settlement of his claim within 7 days from today.
Respondent to file proof of payment in Court.
Orders accordingly.
DATED AND DELIVERED IN NAIROI THIS 1ST DAY OF NOVEMBER 2012.
HON. LADY JUSTICE MAUREEN ONYANGO
JUDGE.
For Claimant___________________________________
For Respondent________________________________