[2019] KEELRC 1220 (KLR)
The court found that the Claimant had voluntarily resigned from his employment with the Respondent by issuing a resignation letter dated 12th July 2014, which was not denied by the Claimant. As such, the claim for unfair and unlawful termination was dismissed. However, based on the Respondent's admission, the...
Source-derived case information.
- Citation
- [2019] KEELRC 1220 (KLR)
- Parties
- Claimant: Pius Ngui Ngului; Respondent: Pemwe Security Services
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 829 of 2015
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Claim for unfair termination dismissed; judgment entered for Claimant for admitted dues.
- Judges
- HS Wasilwa
- Legal Topics
- Unfair Termination, Resignation, Terminal Dues, Nssf Contributions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pius Ngui Ngului
Claimant
Pemwe Security Services
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the Claimant was unfairly and unlawfully terminated by the Respondent.
- 2 Whether the Claimant is entitled to terminal dues and other payments claimed.
Ratio Decidendi
The court found that the Claimant had voluntarily resigned from his employment with the Respondent by issuing a resignation letter dated 12th July 2014, which was not denied by the Claimant. As such, the claim for unfair and unlawful termination was dismissed. However, based on the Respondent's admission, the Claimant was entitled to payment of unpaid salary for October 2014, two years' leave, and unpaid NSSF dues for 60 months, totaling Kshs.43,000. The Respondent was also ordered to pay costs of the suit and interest at court rates from the date of judgment.
Court Disposition
Claim for unfair termination dismissed; judgment entered for Claimant for admitted dues.
Orders
- Claim for unfair and unlawful termination is dismissed.
- Respondent to pay Claimant Kshs.43,000 for admitted dues (unpaid salary, leave, NSSF).
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 829 OF 2015
(Before Hon. Lady Justice Hellen S. Wasilwa on 4th July, 2019)
PIUS NGUI NGULUI ........................................ CLAIMANT
VERSUS
PEMWE SECURITY SERVICES ..................RESPONDENT
JUDGEMENT
1. The Claimant herein filed his Memorandum of Claim on 18/5/2015 alleging unfair and unlawful termination.
2. The Claimant sought also payment of his terminal dues amounting to Kshs.319,460/= plus costs and interest.
3. The Respondent on their part denied terminating the Claimant. In their defence, they indicated that the Claimant resigned on his own volition by giving them a 3 months’ notice on 12. 7.2014 and he ceased being an employee on 31/10/2014 upon expiry of the notice period given.
4. I have considered the evidence of the Parties and also the documents submitted before me. I notice that indeed the Claimant tendered his resignation vide a letter dated 12. 7.20145 indicating that he would cease working for Respondent on 31. 10. 2014. The Claimant has not denied writing this letter.
5. Due to this acceptance that he wrote a letter giving notice to cease working for the Respondents, the Claimant’s assertion that he was terminated is not true.
6. It is my finding that the Claimant resigned voluntary and his claim for unfair and unjustified termination cannot stand.
7. Given that acceptance, I find the Claim for damages for unfair termination cannot stand.
8. The Respondents in their evidence had admitted their willingness to pay the Claimant the unpaid salary for October 2014 – 5,000/=, 2 years leave and 6 months NSSF dues.
9. Based on this admission, I enter judgement for Claimant only for the admitted amount:-
1. 2 years leave = 14,000/=
2. Unpaid salary for October 2014 = 5,000/=
3. Unpaid NSSF dues for 60 months = 24,000/=
TOTAL = 43,000/=
4. The Respondent will also pay costs of this suit plus interest at Court rates with effect from the date of this judgement.
Dated and delivered in open Court this 4th day of July, 2019.
HON. LADY JUSTICE HELLEN WASILWA
JUDGE
In the presence of:
Momanyi holding brief Nyaberi for Claimant – Present
Mugalo for Respondent – Present