[2016] KEELRC 1675 (KLR)
The court found that, despite the claimant's admission of being a seasonal worker, the aggregate period of service exceeded one month, qualifying him for regular worker status under the Employment Act. The respondent's failure to appear or defend the claim left the claimant's evidence unchallenged. The court held...
Source-derived case information.
- Citation
- [2016] KEELRC 1675 (KLR)
- Parties
- Claimant: Julius Muia Wambua; Respondent: Nathan Construction Company Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1338 of 2013
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- claim allowed
- Legal Topics
- Unfair Termination, Seasonal Employment, Terminal Dues, Service Pay, Notice Pay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Muia Wambua
Claimant
Nathan Construction Company Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was unfairly terminated from employment by the respondent.
- 2 Whether the claimant is entitled to terminal dues including notice pay, leave, and service pay.
- 3 Whether the claimant's employment status as a seasonal worker affects his entitlement to remedies under the law.
Ratio Decidendi
The court found that, despite the claimant's admission of being a seasonal worker, the aggregate period of service exceeded one month, qualifying him for regular worker status under the Employment Act. The respondent's failure to appear or defend the claim left the claimant's evidence unchallenged. The court held that the termination was unfair and that the claimant was entitled to one month's salary in lieu of notice, leave for three years, service pay for three years, and three months' salary as compensation for unfair termination, as well as costs of the suit.
Court Disposition
claim allowed
Orders
- The respondent shall pay the claimant one month's salary in lieu of notice: Kshs.19,200.00.
- The respondent shall pay the claimant leave for three years: Kshs.40,320.00.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NUMBER 1338 OF 2013
JULIUS MUIA WAMBUA……………………………....…..CLAIMANT
VERSUS
NATHAN CONSTRUCTION COMPANY LIMITED….....RESPONDENT
JUDGMENT
1. In his memorandum of claim filed on 20th August, 2013 the claimant avers that he was employed by the respondent as a mason at a daily wage of Kshs.800/=. He commenced working on 20th September, 2009 and worked continuously until January, 2013 when according to him the respondent wrongfully terminated his services.
2. He therefore seeks an order for compensation for the Court as well as payment of his terminal dues.
3. The respondent though served never filed a defence or entered appearance to the claim hence the matter proceeded as an undefended cause.
4. At the hearing the claimant testified that he worked for the respondent for 3 years and 3 months. He stated that at times he would stay away when there was no work and would be called when work was found.
5. The matter having proceeded ex parte, the Court is constrained to rely on the testimony of a sole witness who himself is the claimant. From the claimant’s testimony he admitted he was seasonal worker and would at times stay away when there was no work and be called when a new construction site was found by the respondent. However, one fact that is clear is that the claimant worked for the respondent for a continuous period the aggregate of which was more than a month hence for purposes of termination he ought to have been treated as a regular worker which did not happen.
6. In the circumstances the Court will award him as follows:-
(a) One month’s salary in lieu of notice…………....……….19,200. 00
(b) Leave for 3 years………………………………………….40,320. 00
(c) Service pay for 3 years…………………………...………..28,800. 00
(d) 3 months salary for unfair termination of services.......57,600. 00
145,920. 00
(e) Costs of the suit.
7. It is so ordered.
Dated at Nairobi this 19th day of February 2016
Abuodha J. N.
Judge
Delivered this 19th day of February 2016
In the presence of:-
………………………….………for the Claimant and
…………………..........…………for the Respondent.
Abuodha J. N.
Judge