[2023] KEELRC 1948 (KLR)
The court found that the claimant's employment was terminated without notice, valid reason, or adherence to fair procedure as required by the Employment Act. The respondent failed to appear or contest the claim, leaving the claimant's evidence unchallenged. The court accepted the claimant's account that she was...
Source-derived case information.
- Citation
- [2023] KEELRC 1948 (KLR)
- Parties
- Applicant: June Mwikali; Respondent: The Raphaelites
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1150 of 2017
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Judgment for the claimant as prayed, with monetary awards and costs.
- Judges
- NJ Abuodha
- Legal Topics
- Unlawful Termination, Summary Dismissal, Terminal Dues, Notice Pay, Leave Entitlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
June Mwikali
Applicant
The Raphaelites
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was unlawfully and unfairly terminated from employment.
- 2 Whether the claimant is entitled to terminal dues and compensation for unfair termination.
Ratio Decidendi
The court found that the claimant's employment was terminated without notice, valid reason, or adherence to fair procedure as required by the Employment Act. The respondent failed to appear or contest the claim, leaving the claimant's evidence unchallenged. The court accepted the claimant's account that she was dismissed via SMS and not paid her full dues. The court awarded salary in lieu of notice, payment in lieu of leave, salary for days worked in August, and compensation for unfair termination, totaling Kshs.179,000, plus costs and interest subject to statutory deductions.
Court Disposition
Judgment for the claimant as prayed, with monetary awards and costs.
Orders
- The respondent shall pay the claimant Kshs.30,000 as salary in lieu of notice.
- The respondent shall pay the claimant Kshs.21,000 as payment in lieu of leave.
Full Case Text
Judgment text and source record
22 paragraphs
Mwikali v The Raphaelites (Cause 1150 of 2017) [2023] KEELRC 1948 (KLR) (28 July 2023) (Judgment)
Neutral citation: [2023] KEELRC 1948 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause 1150 of 2017
NJ Abuodha, J
July 28, 2023
Between
June Mwikali
Claimant
and
The Raphaelites
Respondent
Judgment
1. The claimant pleaded that she was on or about August, 2014 employed by the respondent as a Counselor at a monthly salary of Kshs.30,000/=. The appointment was verbal.
2. The claimant alleged that she worked for the respondent diligently until August 9, 2015 when the respondent wrongfully and unlawfully terminated his service and failed to pay her terminal dues.
3. The claimant therefore claimed from the respondent the sum of Kshs.421,400/= as compensation for unlawful termination.
4. The respondent though served did not enter appearance and file a defence. The matter therefore proceeded as an undefended cause.
5. At the oral hearing the claimant stated that she was employed as counselling psychologist. She filed a witness statement on June 21, 2017 which she adopted as her evidence in chief. According to her, she was terminated via SMS. She was told her services were no longer needed and should not report to work. Her monthly salary was Kshs.30,000/=. This amount was not paid consistently. Sometimes she could be paid Kshs.24,000/= or 28,000/= depending on the whims of the Director. The claimant further stated that she worked for the respondent for one year.
6. The matter proceeded as an undefended cause. The respondent neither responded to the demand letter nor the statement of claim. The court therefore received no rebuttal of the claimant’s allegations. The court will therefore enter judgment in favour of the claimant as follows;-a)Salary in lieu of notice Kshs.30,000b)Payament in lieu of leave Kshs.21,000c)Salary for 8 days worked in August Kshs.8,000d)Four months salary as compensation for unfair termination Kshs.120,000Kshs.179,000
7. The claimant shall further have costs of the suit. The amount will attract interest at court rates but subject to statutory deductions.It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI ON THIS DAY OF 28TH DAY OF JULY, 2023. ABUODHA J. N.JUDGEIn the presence of:-………………………………………………..for the Claimant………………………………………………for the Respondent