[2017] KEELRC 344 (KLR)
The court found that the claimant's termination was unlawful because the reason for dismissal—a request for time to prepare for a transfer—was not a valid or fair reason under the Employment Act, 2007. The respondent failed to provide any justification or follow due process, and the claimant did not contribute to...
Source-derived case information.
- Citation
- [2017] KEELRC 344 (KLR)
- Parties
- Claimant: Paul Wambugu Kamweru; Respondent: Secure Home Services
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 189 of 2017
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Judgment for the claimant.
- Judges
- B Ongaya
- Legal Topics
- Unlawful Termination, Compensation for Dismissal, Notice Pay, Annual Leave Entitlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Wambugu Kamweru
Claimant
Secure Home Services
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant's termination was unlawful under the Employment Act, 2007.
- 2 Whether the claimant is entitled to compensation for unlawful dismissal.
- 3 Whether the claimant is entitled to payment in lieu of notice and unpaid leave.
Ratio Decidendi
The court found that the claimant's termination was unlawful because the reason for dismissal—a request for time to prepare for a transfer—was not a valid or fair reason under the Employment Act, 2007. The respondent failed to provide any justification or follow due process, and the claimant did not contribute to his termination. As a result, the court awarded the claimant 12 months' salary as compensation for unlawful dismissal, payment in lieu of notice, and unpaid annual leave, as well as costs of the suit.
Court Disposition
Judgment for the claimant.
Orders
- The respondent shall pay the claimant Kshs.112,000.00 by 15.12.2017, failing which interest at court rates shall accrue from the date of judgment until full payment.
- The respondent shall pay the claimant's costs of the suit.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA
AT NYERI
CAUSE NO. 189 OF 2017
PAUL WAMBUGU KAMWERU................................CLAIMANT
VERSUS
SECURE HOME SERVICES...............................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday, 17th November, 2017)
JUDGMENT
The statement of claim was filed on 15. 05. 2017 through Warutere & Associates. The respondent prayed for judgment against the respondent for:
a) General damages for unlawful dismissal.
b) Outstanding dues as set out in the pension scheme rules.
c) 1 month’s salary in lieu of notice Kshs.7, 000. 00.
d) Unpaid leave for 3 years at Kshs.7, 000. 00 per year making Kshs.21, 000. 00.
e) Costs of the suit.
Despite service the respondent did not enter appearance or file a response or attend the hearing.
The claimant testified that he was employed by the respondent as a guard in February 2012. On 20. 08. 2015 the claimant was on duty as deployed at the Co-operative Bank, Nyeri Branch when the respondent’s manager told the claimant he would be transferred to Nairobi. The claimant testified that he requested for time to prepare for the transfer and shortly thereafter, the manager told him that he had been terminated from employment.
The court has considered the claimant’s evidence and returns that the reason for termination was invalid as envisaged in section 43 of the Employment Act, 2007 because the claimant had a valid grievance. Such valid grievance did not constitute a fair reason for dismissal as per section 46(h) of the Employment Act, 2007. The court has considered that the claimant did not contribute to his termination and that the reason being unlawful, the circumstances were thereby aggravating and he is awarded 12 months’ salaries in compensation making Kshs. 84,000. 00 at Kshs.7,000. 00 per month and being the last gross pay. As there was no termination notice, he is awarded Kshs.7, 000. 00 in lieu of notice. Further, Kshs. 21,000. 00 is awarded in lieu of annual leaves due but not granted per section 28 of the Act.
In conclusion judgment is hereby entered for the claimant against the respondent for:
a) Payment of Kshs.112, 000. 00 by 15. 12. 2017 failing interest at court rates to be paid thereon from today till full payment.
b) The respondent to pay the claimant’s costs of the suit.
Signed, datedanddeliveredin court atNyerithisFriday, 17th November, 2017.
BYRAM ONGAYA
JUDGE