[2021] KEELRC 865 (KLR)
The court found that the claimant's termination was unlawful, as established in the test case (Cause No. 1045 of 2017), which was adopted for this matter. The court applied Section 49 of the Employment Act to award compensation, notice pay, salary for days worked, and unpaid annual leave. The claim for house...
Source-derived case information.
- Citation
- [2021] KEELRC 865 (KLR)
- Parties
- Claimant: Rashid Wetoto Lukhadu; Respondent: Nation Media Group Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1047 of 2017
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Claim allowed in part; claimant awarded compensation and other reliefs for unlawful termination.
- Judges
- AN Mwaure
- Legal Topics
- Unlawful Termination, Compensation for Dismissal, Test Suit Procedure, Notice Pay, Annual Leave, House Allowance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rashid Wetoto Lukhadu
Claimant
Nation Media Group Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant's termination from employment was unlawful.
- 2 Whether the claimant is entitled to compensation and other reliefs under the Employment Act.
- 3 Whether the suit qualifies as a test case under Section 24 of the Employment and Labour Relations Court (Procedure) Rules 2016.
Ratio Decidendi
The court found that the claimant's termination was unlawful, as established in the test case (Cause No. 1045 of 2017), which was adopted for this matter. The court applied Section 49 of the Employment Act to award compensation, notice pay, salary for days worked, and unpaid annual leave. The claim for house allowance was rejected because the contract specified an all-inclusive salary and the claimant had not raised or substantiated the issue during employment. The court also awarded costs and interest, and directed the issuance of a certificate of service. The test suit procedure under Section 24 of the Employment and Labour Relations Court (Procedure) Rules 2016 was properly invoked, as...
Court Disposition
Claim allowed in part; claimant awarded compensation and other reliefs for unlawful termination.
Orders
- The claimant is awarded Kshs.491,168 plus costs.
- Interest at court rates from the date of judgment until full payment, subject to statutory deductions.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 1047 OF 2017
(Before Hon. Lady Justice Anna Ngibuini Mwaure)
RASHID WETOTO LUKHADU......................................................CLAIMANT
VERSUS
NATION MEDIA GROUP LIMITED.......................................RESPONDENT
JUDGMENT
1. As already explained in the body of the judgment in Cause No. 1045 of 2017, this case was used as a test case for Cause No. 1046 of 2017 and Cause No. 1047 of 2017. All the parties were in agreement.
2. The Court therefore proceeded to hear and write a judgment in Cause No. 1045 of 2017. The same judgment is adopted in this cause and Cause No. 1046 of 2017. The Court considered Section 24 of the Employment and Labour Relations Court (Procedure) Rules 2016 which provides –
24. Test suit
Where two or more persons have instituted suits against the same respondents, the Court may, either on its own motion or upon the application of any of the parties with notice to all the affected parties, if satisfied that the issues to be tried in each suit are similar, make an order directing that one of the suits be tried as a test case, and staying all the steps in the other suits until the selected suit is determined, or fails to be a real trial of the issues.
3. The Court is convinced these three suits fall under the ambit stipulated in Section 24 of the said Act.
Reliefs Awarded
4. Having found the Claimant’s termination was unlawful, I now award the following reliefs premised under Section 49 of the Employment Act: -
(i)-- One month’s salary in lieu of notice as per letter of appointment dated 6th March 2012------------------------- Kshs.47,997
(ii)-- Salary for 23 days worked in June 2016---- Kshs.36,797
(iii)- House allowance is not proved for the reason that Claimant signed a contract with the Respondent from 6th March 2012 and never raised issue of house allowance. Further the same letter of appointment states the salary was all inclusive package. Claimant has not also proved how he came to the figure of Kshs.15,000/= house allowance.
(iv)- 6 months’ salary as compensation---------- Kshs.287,982
(v)-- Unpaid annual leave-------------------------- Kshs.118,392
(vi)- The prayer for consequential loss is not awarded as the Claimant is adequately compensated for unlawful dismissal.
(vii)- Costs are awarded to the Claimant
(viii) Interest at Court rates until payment.
Conclusion
5. The Claimant is awarded Kshs.491,168/= plus costs. Interest is also awarded at Court rates from this date till full payment but subject to statutory deductions.
6. Also certificate of Service to issue forthwith to the Claimant.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI ON THIS 30TH DAY OF SEPTEMBER 2021
ANNA NGIBUINI MWAURE
JUDGE
ORDER
In view of the declaration of measures restricting court operations due to the COVID-19 pandemic and in light of the directions issued by His Lordship, the Chief Justice on 15th March 2020 and subsequent directions of 21st April 2020 that judgments and rulings shall be delivered through video conferencing or via email. They have waived compliance with Order 21 Rule 1 of the Civil Procedure Rules, which requires that all judgments and rulings be pronounced in open court. In permitting this course, this court has been guided by Article 159(2)(d) of the Constitution which requires the court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 1B of the Civil Procedure Act (Chapter 21 of the Laws of Kenya) which impose on this court the duty of the court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.
ANNA NGIBUINI MWAURE
JUDGE