[2017] KEELRC 1648 (KLR)
The court found that the respondent, having failed to appear or file a defence, did not discharge its statutory burden to prove valid reasons for terminating the claimant's employment. The only evidence before the court was the claimant's testimony, which was unchallenged. The court accepted the claimant's account...
Source-derived case information.
- Citation
- [2017] KEELRC 1648 (KLR)
- Parties
- Claimant: Julliet Joy Atieno; Respondent: Orient Cuisine
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 226 of 2015
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Judgment entered for the claimant.
- Judges
- DI Wasike
- Legal Topics
- Unfair Termination, Overtime Pay, Remittance of Statutory Contributions, Notice Pay, House Allowance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julliet Joy Atieno
Claimant
Orient Cuisine
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was unfairly terminated from employment.
- 2 Whether the claimant is entitled to overtime pay, house allowance, and statutory remittances.
- 3 Whether the respondent failed to prove valid reasons for termination as required by law.
Ratio Decidendi
The court found that the respondent, having failed to appear or file a defence, did not discharge its statutory burden to prove valid reasons for terminating the claimant's employment. The only evidence before the court was the claimant's testimony, which was unchallenged. The court accepted the claimant's account that she was dismissed without just cause or due process, and that she was owed overtime pay, house allowance, and compensation for unfair dismissal. The court therefore entered judgment in favour of the claimant for one month's salary in lieu of notice, overtime pay, house allowance, three months' salary as compensation for unfair dismissal, and costs of the suit.
Court Disposition
Judgment entered for the claimant.
Orders
- The respondent shall pay the claimant one month's salary in lieu of notice (Kshs 25,000).
- The respondent shall pay the claimant overtime pay (Kshs 194,688).
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF
KENYA AT NAIROBI
CAUSE 226 OF 2015
JULLIET JOY ATIENO…………..……..……………………..CLAIMANT
VERSUS
ORIENT CUISINE………………………..………...…......RESPONDENT
JUDGEMENT
1. The claimant averred that she was employed by the respondent as a manager on a basic pay of Kshs 25,000 per month. According to her she discharged her duties satisfactorily until 4th November, 2014 when she was called by the respondent’s director and accused of theft and her services terminated.
2. According to her on the 25th October, 2014 night she issued out items required for that night to relevant employees, locked the store and handed the keys to the cashier who was acting as supervisor on that particular night. She reported to work the next morning and indeed found a few items were missing. She informed the senior security about it and later the director but nothing was done.
3. The claimant further complained that during the period of her employment she worked long hours with no payment of overtime and further that the respondent omitted to remit her NSSF and NHIF contributions.
4. The case proceeded as an undefended cause after the court became satisfied that the respondent was properly served but failed to enter appearance and file a defence to the claim.
5. In termination of employment claims, the onus of proof of reasons for termination rests on the employer. In the case before me, the employer has failed to do so with the consequence that the court only has the claimant’s testimony.
6. The court will therefore enter judgement in favour of the claimant as follows:
a. One month’s salary in lieu of notice 25,000
b. Overtime pay 194,688
c. House allowance 22,500
d. Three months pay as compensation for
unfair dismissal 75,000
317,188
e. Costs of the suit
7. It is so ordered.
Dated at Nairobi this 3rd day of March, 2017
Abuodha J. N.
Judge
Delivered this 3rd day of March, 2017
In the presence of:-
……………………………………………………………for the Claimant and
………………………………………………………………for the Respondent.
Abuodha J. N.
Judge