[2018] KEELRC 104 (KLR)
The court found that the claimant was dismissed without being given a reason or an opportunity to be heard, in violation of the Employment Act. The respondent failed to adduce any evidence to rebut the claimant's case, leaving the claimant's evidence unchallenged. The court held that the dismissal was unfair and...
Source-derived case information.
- Citation
- [2018] KEELRC 104 (KLR)
- Parties
- Claimant: Julius Mbuvi Nzioka; Respondent: Alphine Coolers Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1574 of 2012
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for the claimant
- Judges
- HS Wasilwa
- Legal Topics
- Unfair Dismissal, Summary Dismissal, Terminal Benefits, Service Pay, Notice Pay, Prorata Leave
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Mbuvi Nzioka
Claimant
Alphine Coolers Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant's dismissal was unfair and unlawful.
- 2 Whether the claimant is entitled to terminal dues and compensation for unfair dismissal.
- 3 Whether the claimant is entitled to outstanding wiring fees and other benefits.
Ratio Decidendi
The court found that the claimant was dismissed without being given a reason or an opportunity to be heard, in violation of the Employment Act. The respondent failed to adduce any evidence to rebut the claimant's case, leaving the claimant's evidence unchallenged. The court held that the dismissal was unfair and unlawful, and awarded the claimant compensation for unfair dismissal, salary in lieu of notice, prorata leave, outstanding wiring fees, and salary for days worked. The court also ordered the respondent to pay costs and interest.
Court Disposition
judgment for the claimant
Orders
- Respondent to pay claimant 1 month salary in lieu of notice (Kshs. 16,200).
- Respondent to pay claimant salary for 17 days worked in May 2010 (Kshs. 9,180).
Full Case Text
Judgment text and source record
38 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 1574 OF 2012
(Before Hon. Lady Justice Hellen S. Wasilwa on 20th December, 2018)
JULIUS MBUVI NZIOKA................................................CLAIMANT
VERSUS
ALPHINE COOLERS LIMITED................................RESPONDENT
JUDGMENT
1. The Claimant herein filed his Memorandum of Claim on 6/9/2012 through Anthony M. Mulekyo Advocates. The Claimant’s case is that he was employed by the Respondents from 1998 till 17th May 2010 serving as a Mechanic and earning a monthly salary of 16,200/=.
2. The Claimant avers that in November 2007, the Claimant agreed with the Respondent that further to his mechanic job, he would be doing electrical wiring at a monthly payment of Kshs.3,000/= which he did till 2009 when the Respondent hired an independent electrician for wiring.
3. The Claimant avers that he served the Respondent through the years diligently and faithfully until 17/5/2010 when the Respondent summarily dismissed him from work for unexplained reasons and without any warning or an opportunity to defend himself.
4. He contends that the said dismissal was unlawful, irregular and violated his rights. The Claimant seeks the following prayers:-
1. Salary for May 2010 = 16,200/=
2. One month salary in lieu of notice = 16,200/=
3. Service pay for 10 years = 81,000/=
4. Outstanding wring fees for the whole of 2008 at Kshs.3000/= per month = 24,000/=
5. Release of his working tools.
6. Prorata leave for 2010 – 8,100/=
7. General damages
5. In cross-examination, the Claimant indicated that he has evidence that he did the wiring job. He denies he ever saw the warning letter Annex 4 of the Respondent’s documents. He also states that he was never called to any disciplinary hearing. He denies attending any meeting as per Annex 5 of the Respondent’s documents.
6. He also stated that he was a member of NHIF and NSSF. In re-examination, he states that he was dismissed on 17/5/2010 and the meeting was on 24. 6.2010. He indicated that the book showing he did wring work is signed by the Transport Manager.
7. The Respondents filed their defence through Mucheru Law LLP. They however never called any oral evidence in Court. They therefore left the Claimant’s case uncontroverted.
8. I have examined all evidence on record. There is evidence that the Claimant was an employee of the Respondent but the circumstances under which he left employment is not clear.
9. In the absence of any evidence from the Claimant, I do find that he was dismissed unfairly by the Respondent for no apparent reason and without being accorded a fair hearing. I therefore find for Claimant and I award him as follows:-
1. 1 month salary in lieu of notice = 16,200/=
2. Salary for 17 days worked in May 2010 = 17/30 x 16,200 = 9,180/=
3. Prorata leave for 2010 – 6,750/=
4. Outstanding wring fees for 2008 as prayed = 24,000/=
5. 8 months’ salary as compensation for unlawful dismissal = 8 x 16200 = 129,600/=
TOTAL = 185,730/=
6. The Respondent will pay costs of this suit plus interest at Court rate with effect from the date of this judgement.
Dated and delivered in open Court this 20th day of December, 2018.
HON. LADY JUSTICE HELLEN WASILWA
JUDGE
In the presence of:
Kilonzo holding brief Mwinzi for Claimant – Present
Respondent – Absent