[2016] KEELRC 1074 (KLR)
The court found that the claimant was terminated without being given a termination letter, without prior warning, and without being subjected to any disciplinary hearing. The respondent, having failed to appear or defend the suit, did not rebut the claimant's evidence. The court held that the termination was...
Source-derived case information.
- Citation
- [2016] KEELRC 1074 (KLR)
- Parties
- Claimant: Peter Odhiambo Ogutu; Respondent: Prisal Enterprises Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1918 of 2014
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- claim allowed
- Judges
- NJ Abuodha
- Legal Topics
- Unfair Termination, Summary Dismissal, Disciplinary Procedure, Notice Pay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Odhiambo Ogutu
Claimant
Prisal Enterprises Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was unfairly terminated from employment.
- 2 Whether due process was followed in the termination of the claimant.
- 3 Whether the claimant is entitled to compensation and terminal dues.
Ratio Decidendi
The court found that the claimant was terminated without being given a termination letter, without prior warning, and without being subjected to any disciplinary hearing. The respondent, having failed to appear or defend the suit, did not rebut the claimant's evidence. The court held that the termination was procedurally and substantively unfair under the Employment Act, 2007, and awarded the claimant compensation for unfair termination, salary in lieu of notice, and salary for the month of August.
Court Disposition
claim allowed
Orders
- The respondent shall pay the claimant one month's salary in lieu of notice: Kshs. 18,000.00.
- The respondent shall pay the claimant two months' salary as compensation for unfair termination: Kshs. 36,000.00.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NUMBER 1918 OF 2014
PETER ODHIAMBO OGUTU……………..……………………..CLAIMANT
VERSUS
PRISAL ENTERPRISES LIMITED………………………….RESPONDENT
JUDGMENT
1. The cause proceeded ex parte after the Court became convinced that despite the fact that the respondent was served with summons, it failed to enter appearance and file a defence.
2. The claimant averred that he was an employee of the respondent having been employed as a welder in February 2014 until September, 2014 when his services were terminated on account of allegation of failing to prevent theft of workshop tools and items which occurred after working hours.
3. He further averred that upon termination he was never given any termination letter. He was further prior, to such termination never issued with any warning. He complained further that before termination, he was never subjected to any disciplinary hearing.
4. In his evidence he opted to adopt his statement filed with the memorandum of claim and further stated that he was dismissed for claiming his dues.
5. In his statement he states in the main that on 22nd August, 2014 he finished work around 5. 00 p.m. and went home. At about 6. 00 p.m. two people were seen with iron sheets which they had stolen from the workshop. One of them ran away but the other was arrested by security. The next day they were called and asked about the theft but he denied involvement. The supervisor then told them that since they could not reveal how the metal sheets were stolen, they should go home until further advised.
6. The matter proceeded ex parte hence the Court did not have the benefit of cross-examination of the claimant and evidence from the respondent.
7. The Court therefore finds that the claimant was unfairly terminated and awards him as follows:-
Kshs.
One month’s salary in lieu of notice…………………18,000. 00
Two months salary as compensation for
unfair termination……………………………………...36,000. 00
Salary for the month of August………………………..18,000. 00
72,000. 00
Costs of the suit.
8. It is so ordered.
Dated at Nairobi this 17th day of June 2016
Abuodha Jorum Nelson
Judge
Delivered this 17th day of June 2016
In the presence of:-
……………………………………………………………for the Claimant and
………………………………………………………………for the Respondent.
Abuodha Jorum Nelson
Judge