[2014] KEELRC 264 (KLR)
The court found that the claimant's termination was both unfair and unlawful due to the respondent's failure to follow statutory procedures and pay the claimant's dues. The respondent did not contest the claim, and the evidence presented by the claimant, including payslips and the appointment letter, substantiated...
Source-derived case information.
- Citation
- [2014] KEELRC 264 (KLR)
- Parties
- Claimant: Moses Khaemba; Respondent: Boolmat E.A. Co. Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 201 of 2014
- Procedural Posture
- Employment Claim / Ex Parte Judgment
- Outcome
- Judgment for the claimant.
- Judges
- AN Makau
- Legal Topics
- Unfair Termination, Severance Pay, Salary Arrears, Leave Entitlement, Certificate of Service
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Moses Khaemba
Claimant
Boolmat E.A. Co. Ltd
Respondent
Procedural Posture
Employment Claim / Ex Parte Judgment
Legal Issues
- 1 Whether the claimant's termination was unfair and unlawful.
- 2 Whether the claimant is entitled to accrued employment benefits and compensation for unfair termination.
- 3 Whether the claimant is entitled to a certificate of service, costs, and interest.
Ratio Decidendi
The court found that the claimant's termination was both unfair and unlawful due to the respondent's failure to follow statutory procedures and pay the claimant's dues. The respondent did not contest the claim, and the evidence presented by the claimant, including payslips and the appointment letter, substantiated his claims for salary arrears, leave, in-house savings, severance pay, and compensation for unfair termination. However, claims for leave travelling allowance, house allowance, and public holidays worked were dismissed for lack of basis or evidence. The court exercised its discretion to award three months' salary as compensation for unfair termination, considering the claimant's...
Court Disposition
Judgment for the claimant.
Orders
- The termination of the claimant's employment is declared unfair and unlawful.
- The claimant is awarded Ksh.138,609.90.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA
AT MOMBASA
CAUSE NO. 201 OF 2014
MOSES KHAEMBA ….....................................................................CLAIMANT
VERSUS
BOOLMAT E.A. CO. LTD ….......................................................RESPONDENT
J U D G M E N T
The claimant brought this suit against the respondent on 8/4/2014 claiming accrued employment benefits plus compensation for unfair termination totalling to Ksh.378,997. He also sought certificate of service plus costs of the suit.
The respondent did not file defence and the suit proceeded exparte by way of written submissions.
The claimant's case is that he was employed by the respondent as a Gardener at the respondent's crocodile farm from 1/6/2008 until 19/11/2013 when he was unlawfully and unfairly terminated.The termination was allegedly unfair because it violated the termination procedures provided for by the Employment Act including to pay claimant's dues on termination.
The claimant prayed for salary for September and October 2013 plus 19 days worked on November 2013 being ksh.26,333, leave days for year 2013 being ksh.10,000 leave travelling allowance of ksh.4500, house allowance for 6 year at 15% of basic salary being ksh.108,000, in house savings @ ksh.300 per month for 6 years X 2 which is ksh.34200, pending public holidays (Ksh.333x9 daysx6 years x2) being ksh.35,964, one month's pay in lieu of notice, severance pay @ 15 days for 6 years being ksh.30000 and 12 months salary for wrongful termination.
In view of the fact that the suit is not opposed, the court grants prayer 1 in the suit by declaring the termination of the claimant's employment by the respondent to be unfair and unlawful. In addition the court awards to the claimant one month's salary in lieu of notice (Ksh.10,000), salary for September, October 2013 and 19 days worked in November 2013 (ksh.26333), leave for 2013 of 21 days (ksh.8076. 92). The prayer for refund of in house savings is granted as prayed (skh.34200). The payslips produced reflect such item at the rate of ksh.300 per month.
The prayer for leave travelling allowance is dismissed for lack of basis. The prayer for house allowance is also dismissed because the employment contract and payslips provided for gross pay. The prayer for public holidays worked is dismissed for lack of particulars and evidence.
The appointment letter produced provides for severance pay of 15 days per year of service and as such the claimant gets ksh.30,000 as prayed.
He will also get 3 months gross salary being Ksh.30,000 compensation for unfair termination. The court is of the opinion that a person serving as a gardener can secure an alternative employment within 3 months after dismissal. Finally he is granted the prayer for certificate of service plus costs and interest.
DISPOSITION
In conclusion, judgment is entered for the claimant for ksh.138,609. 90. He will also get certificate of service plus costs and interest.
Orders accordingly.
Dated, Signed and delivered this 3rd October 2014.
O. N. Makau
Judge