[2020] KEELRC 1159 (KLR)

[2020] KEELRC 1159 (KLR)

The court found that the respondent failed to provide evidence of any effort to contact the claimant or issue a notice to show cause regarding alleged desertion. The respondent also failed to attend court to rebut the claimant's evidence. Consequently, the court held that the termination was unfair and the claimant was entitled to salary arrears, leave pay, notice pay, and compensation for unfair termination. The court awarded the claimant the sums claimed, subject to statutory deductions, and ordered the respondent to pay costs of the suit.

Citation
[2020] KEELRC 1159 (KLR)
Parties
Claimant: Naomi Nzomo; Respondent: Evolution Media and Sound Ltd
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Judgment Date
13 March 2020
Case Number
Cause 299 of 2015
Procedural Posture
Employment Cause / Judgment
Outcome
judgment for the claimant
Judges
NJ Abuodha, B Ongaya
Legal Topics
Unfair Termination, Salary Arrears, Leave Entitlement, Notice Pay
Source Language
English
Employment and Labour Unfair Termination Salary Arrears Leave Entitlement Notice Pay

Case Brief

Summary, issues, holding and outcome

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Parties

Naomi Nzomo

Claimant

Evolution Media and Sound Ltd

Respondent

Procedural Posture

Employment Cause / Judgment

Legal Issues

  1. 1 Whether the claimant was unfairly terminated from employment.
  2. 2 Whether the claimant is entitled to salary arrears, leave pay, and compensation for unfair termination.
  3. 3 Whether the respondent proved desertion of duty by the claimant.

Ratio Decidendi

The court found that the respondent failed to provide evidence of any effort to contact the claimant or issue a notice to show cause regarding alleged desertion. The respondent also failed to attend court to rebut the claimant's evidence. Consequently, the court held that the termination was unfair and the claimant was entitled to salary arrears, leave pay, notice pay, and compensation for unfair termination. The court awarded the claimant the sums claimed, subject to statutory deductions, and ordered the respondent to pay costs of the suit.

Court Disposition

judgment for the claimant

Orders

  • The respondent shall pay the claimant one month's salary in lieu of notice (Kshs. 20,000).
  • The respondent shall pay the claimant unpaid salary arrears (Kshs. 47,495).