[2018] KEELRC 1040 (KLR)
The court found that an employment relationship existed between the parties and that the Respondent absconded duty without giving the required three months' notice as stipulated in the contract. Since the Respondent did not attend court or contest the claim, the Claimant's evidence was uncontroverted. The court held...
Source-derived case information.
- Citation
- [2018] KEELRC 1040 (KLR)
- Parties
- Claimant: Samuel Thuo Waiganjo T/A Waiganjo & Associates; Respondent: Samuel Njoroge Kariuki
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1106 of 2014
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Judgment for the Claimant.
- Judges
- HS Wasilwa
- Legal Topics
- Breach of Employment Contract, Notice Periods, Salary in Lieu of Notice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Thuo Waiganjo T/A Waiganjo & Associates
Claimant
Samuel Njoroge Kariuki
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the Respondent breached the employment contract by absconding duty without notice.
- 2 Whether the Claimant is entitled to three months' salary in lieu of notice as per the contract terms.
Ratio Decidendi
The court found that an employment relationship existed between the parties and that the Respondent absconded duty without giving the required three months' notice as stipulated in the contract. Since the Respondent did not attend court or contest the claim, the Claimant's evidence was uncontroverted. The court held that the Claimant had established his case on a balance of probabilities and was entitled to three months' salary in lieu of notice, amounting to Kshs. 210,000, plus costs and interest from the date of judgment.
Court Disposition
Judgment for the Claimant.
Orders
- Judgment entered against the Respondent for Kshs. 210,000.
- Respondent to pay costs of the suit.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 1106 OF 2014
(Before Hon. Justice Hellen S. Wasilwa on 2nd October, 2018)
SAMUEL THUO WAIGANJO T/A
WAIGANJO & ASSOCIATES.......................CLAIMANT
VERSUS
SAMUEL NJOROGE KARIUKI...............RESONDENT
JUDGEMENT
1. The Claimant herein Samuel Thuo Waiganjo T/A Waiganjo & Associates filed this claim on 2/7/2014 through the firm of Malonza & Company Advocates claiming payment of Kshs.21,000 being payment for breaching contract plus costs.
2. The Claimant’s case is that he employed by the Respondent as his Assistant paying him a salary of 70,000/= per month. That it was part of an express term of the contract, that either party could terminate the contract upon issuing a 3-month notice or salary in lieu.
3. He avers that the Respondent absconded duty on 31/5/2013 without any notice or explanation.
4. The Claimant’s claim is therefore for payment of the 3 months’ salary in lieu of notice with costs of this suit.
5. The Respondent was served with this application through advertisement in the Local Daily Newspapers.
6. The Claimant then filed his Response denying the claim. The case was scheduled for hearing on 16/7/2018. The Respondent failed to attend Court. This claim therefore proceeded undefended.
7. From the evidence adduced by the Claimant, the employment relationship between Claimant and Respondent existed. The Claimant’s case remained uncontroverted. I find that the Claimant has established his case on a balance of probabilities. I therefore find for the Claimant and enter judgement against the Respondent for Kshs.210,000/= plus costs and interest with effect from the date of this judgement.
Dated and delivered in open Court this 2nd day of October, 2018.
HON. LADY JUSTICE HELLEN WASILWA
JUDGE
In the presence of:
Oluoch Waibi holding brief for Orenge for Claimant – Present
Respondent – Absent