[2021] KEELRC 2343 (KLR)
The court found that the respondent failed to comply with the mandatory procedural requirements under section 40 of the Employment Act regarding redundancy. The claimant was not given a hearing, notice, or a termination letter, and the respondent did not pay the required terminal dues. The matter proceeded...
Source-derived case information.
- Citation
- [2021] KEELRC 2343 (KLR)
- Parties
- Applicant: Paul Mbogo Juma; Respondent: Post Harvest Solutions Limited; Respondent: Richard Dokan
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Civil Case 7 of 2019
- Procedural Posture
- Employment Claim / Judgment
- Outcome
- Claim allowed in part; claimant awarded notice pay, leave dues, severance pay, and compensation for unfair termination, subject to statutory deductions. Claim for salary arrears dismissed.
- Legal Topics
- Unfair Termination, Redundancy Procedure, Severance Pay, Notice Pay, Leave Entitlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Mbogo Juma
Applicant
Post Harvest Solutions Limited
Respondent
Richard Dokan
Respondent
Procedural Posture
Employment Claim / Judgment
Legal Issues
- 1 Whether the claimant's termination was unfair and in contravention of section 40 of the Employment Act.
- 2 Whether the respondent followed due process in declaring redundancy.
- 3 Whether the claimant is entitled to terminal dues including notice pay, leave dues, severance pay, and compensation for unfair termination.
Ratio Decidendi
The court found that the respondent failed to comply with the mandatory procedural requirements under section 40 of the Employment Act regarding redundancy. The claimant was not given a hearing, notice, or a termination letter, and the respondent did not pay the required terminal dues. The matter proceeded undefended as the respondent did not participate or file any response. Based on the uncontroverted evidence of the claimant, the court held that the termination was unfair and awarded the claimant one month’s salary in lieu of notice, leave dues, severance pay, and compensation for unfair termination, subject to statutory deductions. The claim for salary arrears was denied due to lack...
Court Disposition
Claim allowed in part; claimant awarded notice pay, leave dues, severance pay, and compensation for unfair termination, subject to statutory deductions. Claim for salary arrears dismissed.
Orders
- Respondent to pay claimant one month’s salary in lieu of notice: KES 100,000.
- Respondent to pay claimant leave dues: KES 80,769.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT UASIN GISHU
COURT NAME: ELDORET LAW COURT
CASE NUMBER: ELRC.C/7/2019
CITATION: PAUL MBOGO JUMA VS POST HARVEST SOLUTION LTD
JUDGMENT
REPUBLIC OF KENYA
EMPLOYMENT AND LABOUR RELATIONS COURT AT ELDORET
CAUSE NO 7 OF 2019
PAUL MBOGO JUMA.......................................................CLAIMANT
VERSUS
POST HARVEST SOLUTIONS LIMITED
RICHARD DOKAN......................................................RESPONDENT
JUDGEMENT
The Claimant pleaded that he was employed by the respondent on 15th March, 2016 as a manager at a consolidated monthly salary of Kshs. 100,000/=. He worked until 20th March, 2016 when according to him the respondent unlawfully terminated his services on account of redundancy. According to him the termination was in contravention of section 40 of the Employment Act. Further upon termination, the respondent failed and or ignored to pay him his terminal dues.
According to the Claimant, the termination was unfair because the respondent never granted the Claimant a hearing or explain to the Claimant in an under stable manner the reason for termination. Further there was no constitution before and during the retrenchment exercise. The Claimant therefore doubted the genuineness of the alleged redundancy.
From the record, the respondent although on some occasions was represented by Counsel did not file any response to the claim and was on many occasions absent when the matter came up for mention or hearing. This was also the case when the matter came up for hearing on 14th April, 2021. The same therefore proceeded in absence of the respondent.
The Claimant in his evidence in chief stated that he was employed by the respondent on 15th March, 2016 and left on 30th March 2017. He was not issued with any termination letter. He was further not issued any termination of notice or pay in lieu. It was further his evidence that he never went on leave during the period he worked.
As observed earlier, the matter proceeded undefended hence the Court did not have the benefit listening to the respondent’s defence. The Court will therefore award the prayers sought but modified as follows: -
One month’s salary in lieu of notice 100,000 Leave dues 80,769 Severance pay 57,692 8 months’ salary as compensation for unfair termination 800,000 Total 1,038,461Costs of the suit.
Items (i) –(iv) shall be subject to taxes and statutory dedications.
Claim for salary arrears will not be granted since though pleaded the Claimant never led anyevidence in that regard.
It is so ordered.
DATED AT ELDORET THIS 11TH DAY OF JUNE, 2021
SIGNED BY: HON. JUSTICE J. N. ABUODHA
THE JUDICIARY OF KENYA.
ELDORET ELRC
EMPLOYMENT AND LABOUR RELATIONS COURT
DATE: 2021-06-11 10:06:24+03