[2018] KEELRC 1553 (KLR)
The court found that the claimant's employment was terminated without due process and that the respondent failed to pay the claimant his terminal dues. Since the respondent did not defend the claim or provide any evidence to counter the claimant's assertions, the court accepted the claimant's evidence as...
Source-derived case information.
- Citation
- [2018] KEELRC 1553 (KLR)
- Parties
- Claimant: Peter Wambua Mwinzi; Respondent: Load Runners Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 356 of 2013
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Claim allowed. Judgment entered for the claimant as prayed.
- Judges
- DI Wasike
- Legal Topics
- Unfair Termination, Terminal Dues, Notice Pay, Leave Entitlement, Compensation for Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Wambua Mwinzi
Claimant
Load Runners Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was unfairly terminated from employment.
- 2 Whether the claimant is entitled to terminal dues and compensation for unfair dismissal.
- 3 Whether the respondent followed due process in terminating the claimant.
Ratio Decidendi
The court found that the claimant's employment was terminated without due process and that the respondent failed to pay the claimant his terminal dues. Since the respondent did not defend the claim or provide any evidence to counter the claimant's assertions, the court accepted the claimant's evidence as unchallenged. The court awarded the claimant one month's salary in lieu of notice, pro rata leave, salary arrears for February and March, and two months' gross pay as compensation for unfair dismissal, all subject to statutory deductions. The court also ordered the respondent to issue a certificate of service, pay costs of the suit, and interest on the decretal sum at court rates from the...
Court Disposition
Claim allowed. Judgment entered for the claimant as prayed.
Orders
- Respondent to pay claimant KES 101,637 as itemized in the judgment, subject to statutory deductions.
- Respondent to pay costs of the suit.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF
KENYA AT NAIROBI
CAUSE NO 356 OF 2013
PETER WAMBUA MWINZI……..………………………….CLAIMANT
VERSUS
LOAD RUNNERS LIMITED….…….…….……………...RESPONDENT
JUDGEMENT
1. The claimant through a memorandum of claim filed on 18th March, 2013 averred that he was employed in 2009 by the respondent as a driver at a salary of Kshs 17,676. He worked until 3rd September, 2010 when his services were terminated by the respondent.
2. The claimant further pleaded that upon termination the respondent refused to pay hi his terminal dues. The claimant further stated that the allegations against him were that while on transit, the lorry he was driving lost unspecified amount of litres of diesel and other unspecified devises but no thorough investigations were carried out by the respondent into these allegations.
3. The respondent entered appearance through FKE but did not file a response to the claim. FKE subsequently applied to cease acting for the respondent for lack of instructions. This application was granted and the matter therefore proceeded undefended. The claimant subsequently filed submissions in the matter in which he urged the court to grant the prayers sought in the memorandum of claim.
4. The matter being undefended, the court never had the benefit of getting the respondent’s version of events. However, they were duly served and appointed an advocate who unfortunately had to pull out of the matter for lack of instructions.
5. The court will therefore award the claimant as follows:
a. One month’s salary in lieu of notice 17,676
b. Pro rata leave 13,257
c. February& March salary 35,352
d. 2 months gross pay as compensation
for unfair dismissal 35,352
101,637
e. Costs of the suit
f. Interest on the decretal sum at court rates from date of judgement.
6. The respondent shall further issue the claimant with a certificate of service.
7. Items (a) (b) (c) and (d) shall be subject to statutory deductions.
8. It is so ordered.
Dated at Nairobi this 6th day of July, 2018
Abuodha J. N.
Judge
Delivered this 6th day of July, 2018
Abuodha J. N.
Judge
In the presence of:-
........................................ for the Claimant
.........................................for the Respondent