[2015] KEELRC 386 (KLR)
The court found that the claimant's evidence was unchallenged as the respondents failed to participate in the proceedings. The claimant established that she was employed by the respondents and was dismissed without due process or valid reason. The court was satisfied that the dismissal was unfair and unlawful,...
Source-derived case information.
- Citation
- [2015] KEELRC 386 (KLR)
- Parties
- Claimant: Lillian Joseph Mongo; Respondent: Chairman (B.O.G) Mariakani Secondary School; Respondent: The Principal Mariakani Secondary School
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 342 of 2015
- Procedural Posture
- Employment Cause / Final Award
- Outcome
- claim allowed
- Legal Topics
- Unfair Dismissal, Summary Dismissal, Terminal Benefits, Service Pay, Compensation for Termination
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lillian Joseph Mongo
Claimant
Chairman (B.O.G) Mariakani Secondary School
Respondent
The Principal Mariakani Secondary School
Respondent
Procedural Posture
Employment Cause / Final Award
Legal Issues
- 1 Whether the claimant was unfairly and unlawfully dismissed from employment.
- 2 Whether the claimant is entitled to terminal benefits and compensation for unfair termination.
- 3 Whether the respondents failed to follow due process in terminating the claimant.
Ratio Decidendi
The court found that the claimant's evidence was unchallenged as the respondents failed to participate in the proceedings. The claimant established that she was employed by the respondents and was dismissed without due process or valid reason. The court was satisfied that the dismissal was unfair and unlawful, entitling the claimant to the reliefs sought, including payment of terminal dues, compensation for unfair termination, and issuance of a certificate of service.
Court Disposition
claim allowed
Orders
- The respondents shall, within 21 days of delivery of this award, pay to the claimant the sum of Kshs. 83,600 specified in the statement of claim.
- The respondents to release to the claimant her certificate of service forthwith.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT MOMBASA
CAUSE NUMBER 342 OF 2015
BETWEEN
LILLIAN JOSEPH MONGO……………………………………………………………………..CLAIMANT
VERSUS
CHAIRMAN (B.O.G) MARIAKANI SECONDARY SCHOOL………....……….1ST RESPONDENT
THE PRINCIPAL MARIAKANI SECONDARY SCHOOL…………………….2ND RESPONDENT
Rika J
Court Assistant: Benjamin Kombe
___________________________
Nyange Sharia Advocate, Kituo Cha Sheria for the Claimant
No appearance for the Respondent
______________________________________________________________________________
ISSUE IN DISPUTE: UNFAIR AND UNLAWFUL DISMISSAL
AWARD
[Rule 27 [1] [a] of the Industrial Court [Procedure] Rules 2010]
1. The Claimant filed her Statement of Claim on 26th May 2015. She states she was employed by the Respondents as a Cook between 15th May 2008 and 10th June 2014. She was paid a salary of Kshs. 3,800 per month. She was unfairly and unlawfully dismissed. She claims from the Respondents:-
(a) 1 month salary in lieu of Notice at Kshs. 3,800.
(b) Service pay at Kshs. 11,400.
(c) December 2008-2013 salary at Kshs. 22,800.
(d) Compensation for unfair termination at 12 months’ salary of Kshs. 45,600.
Total Kshs. 83,600.
(e) Certificate of Service
(f) Costs and any other suitable relief.
2. Although served with the Summons, and the Hearing Notice, the Respondents did not file anything in response, or attend Court at any time. The Claimant gave her evidence, and closed her case today, in the absence of the Respondents.
3. Upon hearing her evidence, and perusal of the Pleadings and annextures thereto, the Court is satisfied the Claim is merited.
IT IS ORDERED:-
[a] The Respondents shall, within 21 days of the delivery of this Award pay to the Claimant the sum of Kshs. 83,600 specified in the Statement of Claim.
[b] The Respondents to release to the Claimant her Certificate of Service forthwith.
[c] Costs to the Claimant.
Dated and delivered at Mombasa this 21st day of October, 2015
James Rika
Judge