[2017] KEELRC 397 (KLR)
The court found that the claimant was terminated without any valid reason or due process, contrary to section 43 of the Employment Act, 2007. The respondent failed to appear or defend the suit, and the evidence of the claimant was unchallenged. Given the claimant’s period of service and lack of contribution to his...
Source-derived case information.
- Citation
- [2017] KEELRC 397 (KLR)
- Parties
- Claimant: Laban Muriithi Wamwea; Respondent: Gyto Security Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 177 of 2017
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for the claimant
- Judges
- B Ongaya
- Legal Topics
- Unfair Termination, Compensation for Dismissal, Notice Pay, Annual Leave Entitlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Laban Muriithi Wamwea
Claimant
Gyto Security Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant's termination was unfair for lack of valid reason.
- 2 Whether the claimant is entitled to compensation for unfair dismissal, notice pay, and unpaid leave.
Ratio Decidendi
The court found that the claimant was terminated without any valid reason or due process, contrary to section 43 of the Employment Act, 2007. The respondent failed to appear or defend the suit, and the evidence of the claimant was unchallenged. Given the claimant’s period of service and lack of contribution to his dismissal, the court awarded him six months’ salary as compensation for unfair termination, one month’s salary in lieu of notice, and one month’s salary in lieu of annual leave, totaling Kshs. 57,600.00. The court also awarded costs to the claimant.
Court Disposition
judgment for the claimant
Orders
- The respondent shall pay the claimant Kshs. 57,600.00 by 15.12.2017, failing which interest shall accrue at court rates until full payment.
- The respondent shall pay the claimant’s costs of the suit.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT NYERI
CAUSE NO. 177 OF 2017
LABAN MURIITHI WAMWEA ........................... CLAIMANT
VERSUS
GYTO SECURITY LIMITED .............................. RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday, 17th November, 2017)
JUDGMENT
The statement of claim was filed on 09. 05. 2017 through Warutere & Associates. The respondent prayed for judgment against the respondent for:
a) General damages for unlawful dismissal.
b) Outstanding dues as set out in the pension scheme rules.
c) 1 month’s salary in lieu of notice Kshs.7, 200. 00.
d) Unpaid leave for one year at Kshs.7, 200. 00.
e) Costs of the suit.
Despite service the respondent did not enter appearance or file a response or attend the hearing.
The claimant testified that he was employed by the respondent as a guard in February 2016. The claimant testified that 04. 04. 2017 a manager known as Patrick telephoned him and informed him to leave employment. No reason for termination was advanced. The court returns that the termination was unfair for want of a valid reason per section 43 of the Employment Act, 2007. The court has considered that the claimant had served for slightly over one year and he had not contributed to his termination. His monthly pay was Kshs. 7, 200. 00. He is awarded six months’ pay in compensation under section 49(1) (c) of the Act, one month pay in lieu of termination notice, and one month pay in lieu of annual leave making a sum of Kshs.57, 600. 00.
In conclusion judgment is hereby entered for the claimant against the respondent for:
a) Payment of Kshs. 57, 600. 00 by 15. 12. 2017 failing interest to be payable at court rates till full payment.
b) The respondent to pay the claimant’s costs of the suit.
Signed, datedanddeliveredin court atNyerithisFriday, 17th November, 2017.
BYRAM ONGAYA
JUDGE