[2019] KEELRC 1441 (KLR)
The court found that the claimant's termination was unfair as it was based solely on his arraignment in court, and he was subsequently acquitted of all charges. The court saw no reason to depart from its earlier decision in a similar case involving a co-employee, where compensation and notice pay were awarded. The...
Source-derived case information.
- Citation
- [2019] KEELRC 1441 (KLR)
- Parties
- Claimant: Mdoe Mkala; Respondent: G4S Kenya Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 14 of 2014
- Procedural Posture
- Employment Claim / Judgment
- Outcome
- claim allowed
- Judges
- J Rika
- Legal Topics
- Unfair Termination, Summary Dismissal, Compensation for Termination, Notice Pay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mdoe Mkala
Claimant
G4S Kenya Limited
Respondent
Procedural Posture
Employment Claim / Judgment
Legal Issues
- 1 Whether the termination of the claimant's employment was unfair.
- 2 Whether the claimant is entitled to compensation and terminal benefits for unfair termination.
Ratio Decidendi
The court found that the claimant's termination was unfair as it was based solely on his arraignment in court, and he was subsequently acquitted of all charges. The court saw no reason to depart from its earlier decision in a similar case involving a co-employee, where compensation and notice pay were awarded. The respondent failed to provide any persuasive arguments or evidence to justify a different outcome. Therefore, the claimant was entitled to one month's salary in lieu of notice and six months' salary as compensation for unfair termination, along with costs and interest.
Court Disposition
claim allowed
Orders
- It is declared termination was unfair.
- The respondent shall pay to the claimant 1 month salary in lieu of notice at Kshs. 13,652 and equivalent of 6 months’ salary in compensation for unfair termination at Kshs. 177,476.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NUMBER 14 OF 2014
BETWEEN
MDOE MKALA ........................CLAIMANT
VERSUS
G4S KENYA LIMITED .......RESPONDENT
Rika J
Court Assistant: Benjamin Kombe
Thabit, Wampy & Kitonga Advocates for the Claimant
Cootow & Associates, Advocates for the Respondent
JUDGMENT
1. The Claimant was employed by the Respondent as a Driver in the year 1998. His last salary was Kshs. 13,652 monthly. He was charged alongside other Employees of the Respondent, with the offence of stealing, at Mombasa Chief Magistrate’s Court Criminal Case Number 2454 of 2011. Their respective contracts of employment were terminated by the Respondent, upon arraignment in Court, in August 2011. The Employees were acquitted on 9th October 2012.
2. They subsequently filed separate Claims for unfair termination against the Respondent.
3. The Claimant presented the Claim herein on 30th January 2014. He prays for compensation for unfair termination, terminal benefits, costs, interest and any other suitable relief.
4. His Co-Employee and Co-Accused, Julius Shikanda Mwakha, filed his Claim, registered as Industrial Court at Mombasa Cause Number 398 of 2013.
5. In a Judgment dated 3rd October 2014, the Court granted Mwakha 1 month salary in lieu of notice and equivalent of 6 months’ salary in compensation for unfair termination- total Kshs. 105,997. He was also granted, costs and interest.
6. On 7th February 2018, the Parties in the instant Claim brought Judgment in the previous Claim to the attention of the Court. They informed the Court they were discussing settlement based on the existing Judgment. However, they were not able to settle.
7. On 5th December 2018, the Court ordered that the Claim is determined under Rule 21 of the E&LRC [Procedure] Rules 2016. It was directed if there was any reason for this Court to depart from the existing Judgment, the Parties should address such reason in their Closing Submissions.
8. They confirmed filing of Submissions on 4th February 2019.
9. There is nothing in the Closing Submissions, which would persuade the Court to depart from the findings and conclusion arrived at in the earlier Judgment.
10. The Employees were similarly situated, and there is no reason, why the Parties were not able to settle this matter out of Court, the earlier Claim having been determined 5 years ago.
IT IS ORDERED:-
a) It is declared termination was unfair.
b) The Respondent shall pay to the Claimant 1 month salary in lieu of notice at Kshs. 13,652 and equivalent of 6 months’ salary in compensation for unfair termination at Kshs. 177,476.
c) Costs to the Claimant.
d) Interest granted at 14% per annum from the date of Judgment till payment is made in full.
Dated and delivered at Mombasa this 13th day of June 2019.
James Rika
Judge