[2015] KEELRC 1545 (KLR)
The court found that the respondent failed to provide any valid reason for the summary dismissal of the claimant and did not follow the required procedure under the Employment Act. The claimant's evidence was unchallenged, and the court was satisfied that the dismissal was both unlawful and unfair. The court awarded...
Source-derived case information.
- Citation
- [2015] KEELRC 1545 (KLR)
- Parties
- Claimant: Josephat Ochenja Mwachuma; Respondent: Babs Security Services Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1337 of 2014
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- claim allowed
- Legal Topics
- Unlawful Termination, Summary Dismissal, Arrears of Salary, Compensation for Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Josephat Ochenja Mwachuma
Claimant
Babs Security Services Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was unlawfully and unfairly terminated from employment.
- 2 Whether the claimant is entitled to arrears of salary for September, October, and part of November 2013.
- 3 Whether the claimant is entitled to compensation for unlawful and unfair dismissal.
Ratio Decidendi
The court found that the respondent failed to provide any valid reason for the summary dismissal of the claimant and did not follow the required procedure under the Employment Act. The claimant's evidence was unchallenged, and the court was satisfied that the dismissal was both unlawful and unfair. The court awarded the claimant arrears of salary for the months claimed and compensation equivalent to six months' salary for the unlawful dismissal, considering the short period of service and the impact of the abrupt loss of employment without a certificate of service or reasons for termination.
Court Disposition
claim allowed
Orders
- The respondent shall pay the claimant Ksh.17,000 as arrears of salary for September, October, and 8 days of November 2013.
- The respondent shall pay the claimant Ksh.45,000 as compensation for unlawful and unfair dismissal.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS
COURT OF KENYA AT NAIROBI
CAUSE NO. 1337 OF 2014
JOSEPHAT OCHENJA MWACHUMA ………………..CLAIMANT
VERSUS
BABS SECURITY SERVICES LIMITED……………RESPONDENT
Claimant in person
JUDGMENT
1. This claim is not opposed, the Respondent having failed to enter appearance or file a defence in spite of proper service having been effected on 26th August, 2014 and an Affidavit of Service duly filed on 7th October, 2014 by Gloria Dzuya, a duly authorized Process Server.
2. The claim is for arrear salaries for the months of September and October, 2013 and 8 days worked in the month of November in the sum of Ksh.17,000. 00. The claim is meritious and is awarded accordingly.
3. The Claimant was employed by the Respondent on 20th August, 2013 as a Security Guard and worked continuously till the 8th November, 2013 when his services were unlawfully and unfairly terminated.
4. The pleadings and the oral testimony by the Claimant has satisfied the court that, the Respondent had no valid reason to summarily dismiss the Claimant from work.
5. The Claimant was on the morning of 8th November, 2013, without any prior notice told that there was no more work for him. No reason was provided. He was not paid in lieu of notice though he has not made a claim in lieu of notice in the Statement of Claim.
6. The claimant seeks compensation for the monetary loss and mental suffering he experienced as a result of unplanned loss of his source of employment.
7. The Claimant having served for a relatively short period had prospects of long service at the Respondent’s employment. It is not easy to get alternative employment in Kenya especially as in this case, where the employer fails to provide the employee with a certificate of service and reasons for termination of the employment.
8. Accordingly, the court awards the Claimant six (6) months’ salary as compensation for the unlawful and unfair dismissal in the sum of Ksh.45,000. 00.
9. Total award to the Claimant is Ksh.62,000. 00.
10. The award is payable with interest at court rates from date of Judgment till payment in full.
11. The Respondent is also to pay the costs of the suit.
Dated and Delivered at Nairobi this 27th day of February, 2015.
MATHEWS N. NDUMA
PRINCIPAL JUDGE