[2020] KEELRC 599 (KLR)

[2020] KEELRC 599 (KLR)

The court found that the Claimants failed to prove constructive or unlawful termination. Their pleadings alleged constructive dismissal, but their evidence did not support this, instead focusing on lack of communication and disciplinary hearing. The Claimants did not discharge the burden of proof required under...

Source-derived case information.

Citation
[2020] KEELRC 599 (KLR)
Parties
Applicant: Joseph Chigodi Mwarocha; Applicant: Julius Muriithi Nkou; Respondent: Winstar Security Guards Limited
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Mombasa
Jurisdiction
Kenya
Case Number
Cause 364 of 2018
Procedural Posture
Employment Cause / Judgment
Outcome
claim dismissed
Judges
L Ndolo
Legal Topics
Constructive Dismissal, Unlawful Termination, Salary Arrears, Leave Entitlements, Statutory Remittances
Source Language
en
Employment and Labour Constructive Dismissal Unlawful Termination Salary Arrears Leave Entitlements Statutory Remittances

Source-derived case record

Summary, issues, holding and outcome

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Parties

Joseph Chigodi Mwarocha

Applicant

Julius Muriithi Nkou

Applicant

Winstar Security Guards Limited

Respondent

Procedural Posture

Employment Cause / Judgment

Legal Issues

  1. 1 Whether the Claimants have proved a case of unlawful termination of employment.
  2. 2 Whether the Claimants are entitled to the remedies sought.
  3. 3 Whether the Respondent has established a proper counterclaim against the Claimants.

Ratio Decidendi

The court found that the Claimants failed to prove constructive or unlawful termination. Their pleadings alleged constructive dismissal, but their evidence did not support this, instead focusing on lack of communication and disciplinary hearing. The Claimants did not discharge the burden of proof required under Section 47(5) of the Employment Act. The claims for salary arrears, leave pay, underpayment, gratuity, and statutory remittances were also not proved due to lack of evidence on employment dates, work attendance, and entitlement. The Respondent's counterclaim was not specifically addressed in the judgment, but the overall finding was that the Claimants' entire claim failed and was...

Court Disposition

claim dismissed

Orders

  • The Claimants' entire claim is dismissed.
  • Each party will bear their own costs.