[2016] KEELRC 501 (KLR)
The court found that the claimant was employed by the respondent for two years and was terminated without notice or valid reason, in contravention of the Employment Act 2007. The respondent failed to appear or contest the claim, and the claimant's evidence was unchallenged. The court held that the termination was...
Source-derived case information.
- Citation
- [2016] KEELRC 501 (KLR)
- Parties
- Claimant: Richard Mwashombo Mwachoki; Respondent: Five Star Plastic Company
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 659 of 2015
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- claim allowed in part
- Legal Topics
- Unfair Termination, Notice Pay, Annual Leave Entitlement, Service Pay, Compensation for Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Mwashombo Mwachoki
Claimant
Five Star Plastic Company
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant's termination was unfair and unlawful.
- 2 Whether the claimant is entitled to salary in lieu of notice, annual leave pay, service pay, and compensation for unfair termination.
- 3 Whether the respondent failed to comply with statutory requirements under the Employment Act 2007.
Ratio Decidendi
The court found that the claimant was employed by the respondent for two years and was terminated without notice or valid reason, in contravention of the Employment Act 2007. The respondent failed to appear or contest the claim, and the claimant's evidence was unchallenged. The court held that the termination was both unfair and unlawful, entitling the claimant to one month salary in lieu of notice, annual leave pay for two years, service pay for two years, and compensation for unfair termination. The court exercised discretion to award 10 months' salary as compensation, rather than the 12 months sought, based on the circumstances. The total award was Kshs. 179,000, with interest and...
Court Disposition
claim allowed in part
Orders
- Termination declared unfair and unlawful.
- Respondent to pay claimant Kshs. 13,000 as salary in lieu of notice.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT MOMBASA
CAUSE NUMBER 659 OF 2015
BETWEEN
RICHARD MWASHOMBO MWACHOKI …….………………………………… CLAIMANT
VERSUS
FIVE STAR PLASTIC COMPANY ……………………………………………RESPONDENT
Rika J
Court Assistant: Benjamin Kombe
IRB Mbuya & Company Advocates for the Claimant
No appearance for the Respondent
____________________________
JUDGMENT
1. The Claimant filed his Statement of Claim on 2nd September 2015. He asserts he was employed by the Respondent early June 2012, as a Labourer. The Respondent deals with warehousing of goods. The Claimant worked until June 2014 when the Respondent terminated his contract. He earned Kshs. 500 per day, as at the time of termination. The Claimant states termination was unfair and unlawful. No reason was advanced by the Respondent to justify its decision. The Claimant prays for the following orders against the Respondent:-
a) 1 month salary in lieu of notice at Kshs. 13,000.
b) Annual leave pay for 2 years at Kshs. 21,000.
c) 15 days’ salary for every year completed in service at Kshs. 15,000.
d) 12 months’ salary in compensation for unfair termination at Kshs. 156,000.
e) Certificate of Service to issue.
f) Costs, Interest and any other suitable remedy.
2. The Respondent did not make an appearance, file any Response, or attend Court on any one occasion. The Claimant opted to prosecute his Claim through adoption of his unchallenged Pleadings, Documents and Submissions.
3. Upon evaluation of this record, the Court Finds:-
i. The Claimant was employed by the Respondent warehousing Company as a Labourer, between June 2012 and June 2014, a period of 2 years, earning Kshs. 500 per day.
ii. His contract was terminated by the Respondent without notice and cause, contrary to the Employment Act 2007.
iii. He was not paid any terminal dues, which include notice pay, annual leave pay, and service pay.
iv. He merits compensation for unfair termination and is granted 10 months’ salary in compensation.
It is ordered:-
a) Termination was unfair and unlawful.
b) The Respondent shall pay to the Claimant 1 month salary in lieu of notice at Kshs. 13,000; annual leave pay for 2 years a Kshs. 21,000; service pay at 15 days’ salary for every completed year of service at Kshs. 15,000; and 10 months’ salary in compensation for unfair termination at Kshs. 130,000- total Kshs. 179,000, payable within 21 days of delivery of this Judgment.
c) Costs to the Claimant.
d) Interest allowed on the principal amount at 14% p.a. from the date this Judgment is delivered.
e) Certificate of Service to issue.
Dated and delivered at Mombasa this 18th day of October 2016.
James Rika
Judge