[2015] KEELRC 1596 (KLR)
The court found that the claimant's employment was terminated without valid reason and without being accorded an opportunity to be heard, contrary to the requirements of the Employment Act. The respondent failed to respond to the claim or contest the evidence presented. The court accepted the claimant's testimony...
Source-derived case information.
- Citation
- [2015] KEELRC 1596 (KLR)
- Parties
- Claimant: Paul Muiruri Kariuki; Respondent: China Jiangxi International Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 401 of 2014
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- claim allowed
- Legal Topics
- Unfair Termination, Terminal Benefits, Compensation for Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Muiruri Kariuki
Claimant
China Jiangxi International Ltd
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 benefits and compensation for unfair termination.
Ratio Decidendi
The court found that the claimant's employment was terminated without valid reason and without being accorded an opportunity to be heard, contrary to the requirements of the Employment Act. The respondent failed to respond to the claim or contest the evidence presented. The court accepted the claimant's testimony and documentation as sufficient proof of his claims. Applying Section 49(1) and 49(4) of the Employment Act, the court awarded the claimant five months' salary as compensation for unfair termination, in addition to the claimed terminal benefits. The total award was Kshs.104,199.00, with interest from the date of judgment and costs to the claimant.
Court Disposition
claim allowed
Orders
- The respondent shall pay the claimant Kshs.104,199.00 as total award for terminal benefits and compensation.
- The award shall accrue interest at court rates from the date of judgment until payment in full.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS
COURT OF KENYA AT NAIROBI
CAUSE NO. 401 OF 2014
PAUL MUIRURI KARIUKI………………………..…....................................CLAIMANT
VERSUS
CHINA JIANGXI INTERNATIONAL LTD…….................................…..RESPONDENT
Claimant in person
JUDGMENT
1. This suit was filed on 14th March 2014 seeking payment of terminal benefits to wit;
one (1) month salary in lieu of notice in the sum of Kshs.14,500. 00;
annual leave in the sum of Kshs.11,891. 00; and
house allowance in the sum of Kshs.2,548. 00;
N.S.S.F. arrears in the sum of Kshs.2,400. 00, totaling Kshs.31,399. 00.
2. The Claimant further seeks compensation for unlawful and unfair termination of employment.
3. The particulars of Claim are set out in the Memorandum of Claim and since no statement of Response was filed by the Respondent, the particulars remain wholly uncontroverted.
4. The Claimant testified under oath in support of the particulars of claim and the Court is satisfied that the same have been proven on a balance of probabilities.
5. The Claimant worked as a labourer from 5th March 2012 and was promoted to a carpenter later.
6. He worked for the Respondent until the 24th June 2013, when the employment was terminated for no valid reason and without according the Claimant opportunity to explain why his employment ought not to be terminated. He earned Kshs.14,560. 00 per month at the time of termination and was registered with NSSF and NHIF.
7. The Claimant submitted documentation in support of the Claims made.
Compensation
8. The Claimant had served the Respondent diligently for more than one (1) year and had good prospects of continued employment. He was not paid any terminal benefits upon termination and suffered loss and damage as a consequence of the unlawful and unfair termination.
9. Following the guidelines under Section 49(1) as read with Section 49(4) of the Employment Act, the Court awards the Claimant five (5) months salary as compensation for the unlawful and unfair termination in the sum of Kshs.72,800. 00.
10. Accordingly, the total award to the Claimant is as follows;
Kshs.31,399. 00 being terminal benefits set out herein above; and
Kshs.72,800. 00 compensation;
total award is Kshs.104,199. 00.
the award is payable with interest at Court rates from date of this judgment till payment in full.
the Respondent is to pay the costs of the suit.
Dated and Delivered at Nairobi this 8th day of May 2015.
MATHEWS N. NDUMA
PRINCIPAL JUDGE