[2013] KEELRC 585 (KLR)
The court found that, despite the absence of a written employment contract, the claimant established an employment relationship with the respondents through documentary evidence, specifically a letter from the labour officer referencing a meeting with the respondents and recommending payment of benefits. The...
Source-derived case information.
- Citation
- [2013] KEELRC 585 (KLR)
- Parties
- Applicant: Peter Ayuko Akoth; Respondent: Kenmas Contractors & Supplies; Respondent: Paul Awuonda
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 117 of 2013
- Procedural Posture
- Employment Claim / Judgment
- Outcome
- claim allowed
- Judges
- HS Wasilwa
- Legal Topics
- Wrongful Termination, Terminal Dues, Notice Pay, House Allowance, Service Pay, Unpaid Salaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Ayuko Akoth
Applicant
Kenmas Contractors & Supplies
Respondent
Paul Awuonda
Respondent
Procedural Posture
Employment Claim / Judgment
Legal Issues
- 1 Whether the claimant was employed by the respondents and had a contractual relationship with them.
- 2 Whether the claimant was unlawfully terminated without notice or hearing.
- 3 Whether the claimant is entitled to terminal dues and other reliefs claimed.
Ratio Decidendi
The court found that, despite the absence of a written employment contract, the claimant established an employment relationship with the respondents through documentary evidence, specifically a letter from the labour officer referencing a meeting with the respondents and recommending payment of benefits. The respondents failed to appear or contest the claim. The court determined that the claimant was dismissed without notice or hearing, in violation of the Employment Act. Consequently, the claimant was entitled to terminal dues, including salary in lieu of notice, accrued leave, house allowance, service pay, and compensation for unlawful termination. The court awarded the claimant a total...
Court Disposition
claim allowed
Orders
- Respondents to pay the claimant KES 108,700 as terminal dues and compensation for unlawful termination.
- Respondents to issue a certificate of service to the claimant.
Full Case Text
Judgment text and source record
43 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA AT KISUMU
CAUSE NO. 117/2013
(formerly Nairobi No. 1634/2011)
(Before Hon. Justice Hellen Wasilwa on 18th June, 2013)
PETER AYUKO AKOTH ..........................................................CLAIMANT
VERSUS
KENMAS CONTRACTORS &
SUPPLIES & ANOTHER …...........................................RESPONDENTS
JUDGMENT
The claimant herein Peter Ayuko Akoth filed his memorandum of Claim against the respondents Kenmas Contractors and Supplies and Paul Awuonda on 13. 9.2012. The issue in dispute concerns payment of his terminal dues.
The respondents were duly served with notice of summons and memorandum of claim and to-date they have never filed their reply. On 4. 6.2013 the case proceeded for hearing in the respondents absence. The claimant's case is that he used to work for the respondents since 26. 10. 2010. The duty station was in Kimilili. His duty was steel fixing mechanic. He indicated to court that he worked well until 19. 10. 2011 and when he went to work, he was informed that there was no more work and he was asked to go home. He went and reported the matter to the labour officer. The labour officer summoned the respondents to their office with a view of discussing the matter.
On 18. 11. 2011, they had a discussion at the labour office which did not yield an agreement in terms of leave and notice payment. The claimant further reported the matter to his union and to the Provincial Administration. He was advised to go to court.
The claimant now seeks to be paid his terminal dues as follows:-
Notice of one month - Kshs 15,600/=
Overtime (public holidays) - Kshs 6,600/=
Leave for 32 days - Kshs 19,650/=
House allowance - Kshs 19,500/=
Service pay of 18 days - Kshs 10,800/=
Tools allowance - Kshs 1,520/=
3 months unpaid - Kshs 46,800/=
TOTAL = KSHS 120,470/=
He also seeks payment of damages for wrongful termination plus interest and any other relief this Honourable court may deem just and fit to grant.
Having heard the claimant's evidence the issue for determination is whether the claimant has any claim against the respondents.
I will first consider whether the claimant had any contractual relationship with the respondents. There is no employment contract letter exhibited by the claimant as proof that he was employed by the respondents. However a letter exhibited by the claimant herein written by the labour officer on 18. 11. 2011 is addressed to the respondents and it refers to their meeting held in the labour office's office. In the letter the labour officer recommends that the respondents pay claimant some moneys as his benefits. This is the only indication that the claimant had a relationship with the claimant.
That having been established, I find from evidence of claimant that he was just asked to go away and no explanation is given. He was not given any notice nor any hearing.
I therefore do find for claimant and order respondents to pay him as follows:-
1 month's salary in lieu of notice - Kshs 15,600/=
Accrued leave – 21 days - Kshs 10,920/=
House allowance for 12 months
= 15% of 15,600 X 12 - Kshs 28,080/=
Service pay - 15 days for 1 year - Kshs 7,300/=
3 months salary for unlawful
termination - Kshs 46,800/=
TOTAL = KSH 108,700/=
The claimant should also be issued with a certificate of service. Respondents to pay costs of this case.
HELLEN WASILWA
JUDGE
18/06/2013
Appearances:-
Claimant present
respondents absent
CC. Sammy Wamache