[2015] KEHC 7569 (KLR)
The court found that the claimant's employment was terminated without valid reason and without adherence to fair procedure as required by the Employment Act, 2007. The respondent failed to provide notice, reasons for termination, or a disciplinary hearing. The court held that the termination was unlawful and unfair,...
Source-derived case information.
- Citation
- [2015] KEHC 7569 (KLR)
- Parties
- Claimant: Pius Muema Muteti; Respondent: Professional Tools Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Cause 660 of 2014
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Claim allowed. Judgment for the claimant.
- Legal Topics
- Unlawful Termination, Compensation for Termination, Notice Pay, Salary Arrears
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pius Muema Muteti
Claimant
Professional Tools Ltd
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the termination of the claimant's employment was unlawful and unfair.
- 2 Whether the claimant is entitled to compensation for unlawful termination.
- 3 Whether the claimant is entitled to payment in lieu of notice and salary arrears.
Ratio Decidendi
The court found that the claimant's employment was terminated without valid reason and without adherence to fair procedure as required by the Employment Act, 2007. The respondent failed to provide notice, reasons for termination, or a disciplinary hearing. The court held that the termination was unlawful and unfair, entitling the claimant to compensation for six months' salary, payment in lieu of notice, and salary arrears for February 2012. The total award was Kshs.104,000.00, with interest at court rates from the date of judgment until payment in full, and costs of the suit to be borne by the respondent.
Court Disposition
Claim allowed. Judgment for the claimant.
Orders
- Respondent to pay claimant Kshs.78,000.00 as compensation for unlawful termination.
- Respondent to pay claimant Kshs.13,000.00 in lieu of notice.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS
COURT OF KENYA AT NAIROBI
CAUSE NO 660 OF 2014
PIUS MUEMA MUTETI ………………………….……. CLAIMANT
VERSUS
PROFESSIONAL TOOLS LTD ………………….… RESPONDENT
Claimant in person
JUDGMENT
1. Claimant seeks payment of maximum compensation of twelve (12) months’ salary for alleged unlawful termination of his employment by the Respondent and payment of terminal benefits set out in the Memorandum of claim as follows;
one (1) month’s salary in lieu of notice in Kshs.13,000. 00; and
salary arrears for February 2012.
Facts of the Claim
2. The Claimant was employed by the Respondent on 16th June 2006 as a driver at a monthly salary of Kshs.13,000. 00.
The Claimant served continuously until 9th March 2012 when his services were terminated by the Respondent.
The Claimant was accused by the Respondent of stealing a lawn mower on the basis that he had been captured on CCTV camera on the act but Claimant denies having stolen the lawn mower.
It is the Claimant’s case that he was instructed to deliver the lawn mower to the American Embassy and had a delivery note with him for the purpose.
3. 4. The Claimant stated that he was not given a notice to show cause, nor was he subjected to a disciplinary hearing.
The Claimant added that he did not get a letter of termination with reasons for the decision taken by the employer.
5. The Claimant was now employed elsewhere and seeks to be awarded as claimed.
6. The Advocate for the Respondent entered appearance on 7th May 2014 but did not file any statement of Response nor did they attend the hearing of the case.
The suit by the Claimant is therefore undefended.
Determination
7. The Court is satisfied that the Claimant was employed by the Respondent as a driver and his employment was terminated by the Respondent for no valid reason and without following a fair procedure.
The termination of employment was without notice and the Claimant was not paid salary for days worked in the month of February 2012.
8. The Court finds that the termination of the employment of the Claimant by the Respondent was contrary to Section 45(1) as read with Section 45(2)(a) and (c) of the Employment Act, 2007 and the Claimant is entitled to compensation in terms of Section 49(1) as read with Section 49(4) of the Act.
9. The Claimant served the Respondent for a relatively short period and had found alternative employment. However, the Claimant suffered loss and damage by fact of the unlawful termination.
10. The Court awards the Claimant six (6) months’ salary being compensation for the unlawful loss of employment in the sum of Kshs.78,000. 00.
11. The Claimant is also awarded Kshs.13,000. 00 in lieu of notice and Kshs.13,000. 00 being salary for the month of February 2012.
Total Award Kshs.104,000. 00.
12. The Award is payable with interest at Court rates from date of this judgment till payment in full.
13. The Respondent is also to pay the costs of the suit.
Dated and Delivered at Nairobi this 31st day of July, 2015.
MATHEWS NDERI NDUMA
PRINCIPAL JUDGE