[2015] KEELRC 1554 (KLR)
The court found that the claimant's employment was terminated without notice and without any valid reason provided by the respondent. The respondent failed to appear or contest the claim, and the evidence presented by the claimant was unchallenged. The court held that the termination was both unlawful and unfair...
Source-derived case information.
- Citation
- [2015] KEELRC 1554 (KLR)
- Parties
- Claimant: Kenedy Omondi Akoko; Respondent: Rafiki Foundation
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 753 of 2013
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- claim allowed in part
- Legal Topics
- Unfair Termination, Compensation for Dismissal, Payment in Lieu of Notice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenedy Omondi Akoko
Claimant
Rafiki Foundation
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant's termination was unlawful and unfair.
- 2 Whether the claimant is entitled to compensation for unfair dismissal.
- 3 Whether the claimant is entitled to payment in lieu of notice.
Ratio Decidendi
The court found that the claimant's employment was terminated without notice and without any valid reason provided by the respondent. The respondent failed to appear or contest the claim, and the evidence presented by the claimant was unchallenged. The court held that the termination was both unlawful and unfair under the Employment Act. Considering the length of service and the circumstances of the termination, the court awarded the claimant six months' salary as compensation for unfair dismissal and payment in lieu of notice.
Court Disposition
claim allowed in part
Orders
- The respondent shall pay the claimant Ksh.51,000.00 as compensation for unfair dismissal.
- The respondent shall pay the claimant Ksh.8,500.00 in lieu of notice.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS
COURT OF KENYA AT NAIROBI
CAUSE NO. 753 OF 2013
KENEDY OMONDI AKOKO …………………………..CLAIMANT
VERSUS
RAFIKI FOUNDATION ……………………………RESPONDENT
Claimant in person
JUDGMENT
1. The suit was commenced o 22nd May, 2013 by way of a Memorandum of Claim dated 20th May, 2013.
2. The Claimant seeks payment in lieu of notice in the sum of Ksh,8,500. 00 and compensation for loss of employment equivalent to 12 months’ salary in the sum of Ksh.102,000. 00
3. The Claimant states that he was employed by the Respondent on 1st January, 2007 as a Security Guard. He worked continuously until the 3rd December, 2011, when his services were suddenly curtailed.
4. The Respondent simply told him that there was no more work. He was given a letter of recommendation dated 31st December, 2011.
5. Upon termination the Claimant was paid for days worked and money that had been deducted from his salary for 6 months in the sum of Ksh.13,000. 00.
6. In his testimony he said that the dismissal was unlawful and unfair as it was for no reason and without notice.
7. That he suffered financial loss and mental anguish upon termination. He has not obtained another job since apart from casual jobs from time to time.
8. The Respondent did not appear at the hearing of this matter in court. The claim remained unopposed.
9. Taking into account the circumstances of the case including the length of service and the manner of termination, the court awards the Claimant six (6) months’ salary as compensation for the unlawful and unfair dismissal in the sum of Ksh.51,000. 00. The court further awards the Claimant Ksh.8,500. 00 in lieu of Notice.
10. Total award is Ksh.59,500. 00.
11. The award is payable with interest at court rates from date of the Judgment till payment in full.
12. The Respondent is also to pay the costs of the suit.
Dated and Delivered at Nairobi this 6th day of March, 2015.
MATHEWS N. NDUMA
PRINCIPAL JUDGE