[2017] KEELRC 1070 (KLR)
The court found that the Claimant failed to establish an employment relationship with the Respondent beyond a two-month period as evidenced by the NSSF statement. The Claimant did not provide sufficient evidence to support his claim of continuous employment from May 2012 or to explain his transition to another...
Source-derived case information.
- Citation
- [2017] KEELRC 1070 (KLR)
- Parties
- Claimant: Richard Litunga Likoye; Respondent: Prime Steel Mills Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 780 of 2016
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- claim dismissed
- Judges
- L Ndolo
- Legal Topics
- Employment Relationship, Burden of Proof, Unfair Termination, Severance Pay, Overtime Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Litunga Likoye
Claimant
Prime Steel Mills Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether there existed an employment relationship between the Claimant and the Respondent capable of enforcement by the Court.
- 2 Whether the Claimant was unlawfully and unfairly terminated by the Respondent.
- 3 Whether the Claimant is entitled to the reliefs sought including severance pay, pay in lieu of notice, overtime, leave pay, compensation, and certificate of service.
Ratio Decidendi
The court found that the Claimant failed to establish an employment relationship with the Respondent beyond a two-month period as evidenced by the NSSF statement. The Claimant did not provide sufficient evidence to support his claim of continuous employment from May 2012 or to explain his transition to another employer, Jokali Handling Services, after June 2015. As a result, the court held that the claim was without basis and dismissed it in its entirety, with no order as to costs.
Court Disposition
claim dismissed
Orders
- The entire claim is dismissed with no order for costs.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO 780 OF 2016
RICHARD LITUNGA LIKOYE………………………………………………….CLAIMANT
VERSUS
PRIME STEEL MILLS LIMITED……………………………...……………RESPONDENT
JUDGMENT
Introduction
1. The Claimant, Richard Litunga Likoye filed this claim on 6th May 2016. The Respondent was duly served but did not file any reply. The matter therefore proceeded as an undefended claim with the Claimant testifying on his own behalf. He also filed written submissions.
The Claimant’s Case
2. The Claimant states that he was employed by the Respondent as a plate mason in May 2012. He worked continuously for three and a half years initially earning a daily rate of Kshs 474 which was later increased to Kshs 492. He avers that he worked from 7. 00 am to 7. 00 pm, seven days a week, inclusive of public holidays.
3. On 2nd October 2015, the Claimant’s employment was terminated. He states that the termination was unlawful and unfair. He now claims the following:
a)Severance pay…………………………………………………………Kshs. 22,140
b) Pay in lieu of notice…………………………………………………..14,760
c) Overtime for 8,064 hours…………………………………………..495,936
d) Leave pay……………………………………………………………..44,280
e) 12 months’ salary in compensation……………………………….177,120
f) Certificate of service
g) Costs plus interest
Findings and Determination
4. This being an undefended claim, the first issue that the Court must determine is whether there was an employment relationship between the Claimant and the Respondent, capable of enforcement by the Court.
5. In support of his case the Claimant produced a statement of account from the National Social Security Fund (NSSF). This statement however shows that the Claimant worked for the Respondent for a period of only two months running from 1st May 2015 to 30th June 2015.
6. Thereafter, the Claimant was employed by Jokali Handling Services whom the Claimant described as the Respondent’s subcontractor. There was no evidence to support the Claimant’s averment that he was employed by the
Respondent from May 2012 nor did the Claimant explain his movement from the Respondent’s employment to Jokali Handling Services.
7. It would also appear that by October 2015 when the Claimant alleges to have been terminated by the Respondent, he was no longer in the Respondent’s employment having moved to Jokali Handling Services from 1st July 2015.
8. In light of the foregoing, the Court finds that the Claimant failed to establish an employment relationship between himself and the Respondent. The consequence is that his entire claim is without basis and is dismissed with no order for costs.
9. Orders accordingly.
DATED SIGNED AND DELIVERED IN OPEN COURT AT NAIROBI
THIS 30THDAY OF JUNE 2017
LINNET NDOLO
JUDGE
Appearance:
Mr. Maina for the Claimant
No appearance for the Respondent