[2022] KEELRC 615 (KLR)
The court found that the Claimant's employment was terminated without notice, cause, or hearing, contrary to the mandatory provisions of the Employment Act. The Respondent failed to participate in the proceedings or offer any justification for the termination. The Claimant's evidence was unchallenged and established...
Source-derived case information.
- Citation
- [2022] KEELRC 615 (KLR)
- Parties
- Claimant: Mercy Wangeci Muhihu; Respondent: Nyaga Mechanical Engineering Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2049 of 2016
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Claim allowed in part; compensation, notice pay, salary arrears, and annual leave awarded; general damages declined.
- Judges
- J Rika
- Legal Topics
- Unfair Termination, Summary Dismissal, Notice Pay, Annual Leave Entitlement, Compensation for Loss of Employment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mercy Wangeci Muhihu
Claimant
Nyaga Mechanical Engineering Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the termination of the Claimant's employment was unfair under Kenyan law.
- 2 Whether the Claimant is entitled to compensation for unfair termination, notice pay, salary arrears, and annual leave.
- 3 Whether the Claimant is entitled to general damages for wrongful dismissal.
Ratio Decidendi
The court found that the Claimant's employment was terminated without notice, cause, or hearing, contrary to the mandatory provisions of the Employment Act. The Respondent failed to participate in the proceedings or offer any justification for the termination. The Claimant's evidence was unchallenged and established that the termination was unfair. The court held that, although the Claimant sought maximum compensation, her three-year service did not warrant the maximum award. The court exercised its discretion to award compensation equivalent to seven months’ salary, in addition to notice pay, salary arrears, and annual leave. The prayer for general damages was declined as statutory...
Court Disposition
Claim allowed in part; compensation, notice pay, salary arrears, and annual leave awarded; general damages declined.
Orders
- It is declared that termination was unfair.
- The Respondent shall pay to the Claimant the total sum of Kshs. 180,000 as detailed above.
Full Case Text
Judgment text and source record
45 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NUMBER 2049 OF 2016
BETWEEN
MERCY WANGECI MUHIHU................................................CLAIMANT
VERSUS
NYAGA MECHANICAL ENGINEERING LIMITED....RESPONDENT
Rika J
Court Assistant: Emmanuel Kiprono
Macharia Waiganjo & Company Advocates for the Claimant
No appearance for the Respondent
JUDGMENT
1. The Claimant filed her Statement of Claim on 9th October 2016. She states, she was employed by the Respondent as a Secretary, in the year 2012. Her salary was Kshs. 15,000 monthly. Her contract was terminated by the Respondent on 7th August 2015, without cause or notice. There were no charges against her, and no hearing.
2. She prays the Court to find that termination was unfair and grant her the following orders: -
a. 1 month’s salary in lieu of notice at Kshs. 15,000.
b. Salary for August 2015 at Kshs. 15,000.
c. Annual leave for the entire period at Kshs. 60,000.
d. 12 months’ salary in compensation for unfair termination at Kshs. 180,000.
Total… Kshs. 270,000.
e. Declaration that termination was unfair.
f. Damages for wrongful dismissal.
g. Costs.
h. Interest.
i. Any other suitable relief.
3. The Respondent did not enter appearance or file Response to the Claim. There was no attendance by the Respondent, when the matter was scheduled for mention. The Claim was heard without the Respondent, on 4th November 2021.
4. The Claimant adopted as her evidence, the contents of her Statements of Claim and Witness. She exhibited 3 documents.
The Court Finds: -
5. The Claim is undefended.
6. There is evidence that the matter was reported to the Ministry of Labour. Conciliation was thwarted by the Respondent, who like in the proceedings herein, kept away.
7. The Claimant worked for 3 years as Respondent’s Secretary, on a monthly salary of Kshs. 15,000. The Respondent terminated her contract on 7th August 2015. There was no notice or reasons given to justify termination. There was no hearing in any form. The Claimant cannot be faulted for the decision to end the contract.
8. The Claimant has established her Claim to the required standard. The only adjustment the Court would wish to make is on compensation. A service period of 3 years does not appear to the Court long enough, to justify maximum compensation allowable at equivalent of 12 months’ salary. Compensation is awarded at equivalent of 7 months’ salary at Kshs. 105,000.
9. Other prayers are allowed as prayed, including notice and salary for August 2015 at Kshs. 15,000 each, and annual leave at Kshs. 60,000.
10. It is declared that that termination was unfair.
11. The prayer for general damages for wrongful dismissal is unmerited in light of grant of statutory compensation.
12. Costs to the Claimant from the date of Judgment till payment is made in full.
13. Interest allowed at court rates from the date of Judgment.
IT IS ODERED: -
a. It is declared that termination was unfair.
b. The Respondent shall pay to the Claimant the total sum of Kshs. 180,000 as detailed above.
c. Costs to the Claimant.
d. Interest allowed at court rates, from the date of Judgment till payment in full.
DATED, SIGNED AND RELEASED TO THE PARTIES ELECTRONICALLY, AT MOMBASA, UNDER THE MINISTRY OF HEALTH AND JUDICIARY COVID -19 GUIDELINES, THIS 2ND DAY OF MARCH 2022.
JAMES RIKA
JUDGE