[2018] KEELRC 1917 (KLR)
The court found that the claimant failed to lay a factual or evidentiary basis for his claims for notice pay, severance pay, and unpaid off days. The documents produced, namely a sick off sheet and a recommendation letter, did not support or prove the monetary claims. The claimant did not provide evidence of the...
Source-derived case information.
- Citation
- [2018] KEELRC 1917 (KLR)
- Parties
- Claimant: Kahambi Khamisi Mure; Respondent: Korosho Primary School
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Cause 15 of 2017
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- claim dismissed
- Judges
- L Ndolo
- Legal Topics
- Unlawful Termination, Notice Pay, Severance Pay, Unpaid Off Days
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kahambi Khamisi Mure
Claimant
Korosho Primary School
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant proved entitlement to notice pay, severance pay, and unpaid off days on a balance of probabilities.
Ratio Decidendi
The court found that the claimant failed to lay a factual or evidentiary basis for his claims for notice pay, severance pay, and unpaid off days. The documents produced, namely a sick off sheet and a recommendation letter, did not support or prove the monetary claims. The claimant did not provide evidence of the terms of employment, calculation of entitlements, or any contractual or statutory basis for the sums claimed. As a result, the court held that the claimant had not discharged the burden of proof required by law, and the entire claim was dismissed.
Court Disposition
claim dismissed
Orders
- The claimant's entire claim is dismissed.
- There is no order as to costs.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT MALINDI
CAUSE NO 15 OF 2017
KAHAMBI KHAMISI MURE.....................................................CLAIMANT
VS
KOROSHO PRIMARY SCHOOL.........................................RESPONDENT
JUDGMENT
Introduction
1. This claim is brought by Kahambi Khamisi Mure against Korosho Primary School. The claim is contained in a Statement of Claim dated 5th June 2017 and filed in court on even date.
2. The Respondent did not file any reply in spite of due service. The matter therefore proceeded by way of formal proof.
The Claimant’s Case
3. The Claimant states that he was employed by the Respondent as a watchman in 2002. He worked as such until 3rdDecember 2015 when his employment was terminated. It is the Claimant’s case that the termination of his employment was unlawful and unfair. He therefore claims the following:
a) One month’s salary in lieu of notice........................................Kshs. 5,000
b) Severance pay for years worked (1/2x15x2,500)............................37,500
c) Unpaid off days (54 days @ 166. 66).............................................135,000
Findings and Determination
4. The Claimant testified that he fell ill in 2015, upon which he was admitted in hospital for three days and was thereafter given sick off for a month. When he went back to work he asked to be paid his salary for the period he was on sick off but he was told that he was a casual. He was thereafter terminated and issued with a recommendation letter.
5. The Claimant did not however make any claim for compensation for wrongful or unfair termination of employment. The only issue for determination therefore is whether he has, on a balance of probability, proved the claims for notice pay, severance pay and off days.
6. The Claimant did not bother to lay a basis for any of his claims. Moreover, none of the documents produced in Court, being a sick off sheet from Pwani Medical Centre and a recommendation letter issued by the Respondent goes to prove any of the Claimant’s claims.
7. The result is that the Claimant’s entire claim fails and is dismissed with no order for costs.
8. It is so ordered.
DATED SIGNED AND DELIVERED AT MALINDI THIS 4TH DAY OF JUNE 2018
LINNET NDOLO
JUDGE
Appearance:
Miss Lughanje h/b Miss Mwangi for the Claimant
No appearance for the Respondent