[2015] KEELRC 22 (KLR)
The court found that the Claimant's employment was terminated without notice or valid reason, contrary to the requirements of the Employment Act, 2007. The Respondent failed to attend court or challenge the Claimant's evidence, which was found to be satisfactory and consistent with records before the Ministry of...
Source-derived case information.
- Citation
- [2015] KEELRC 22 (KLR)
- Parties
- Claimant: Saro Ngoa Msinda; Respondent: Swami Guards Security
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 202 of 2015
- Procedural Posture
- Employment Cause / Final Award
- Outcome
- Claim allowed in full.
- Legal Topics
- Unfair Termination, Notice Pay, Compensation for Dismissal, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Saro Ngoa Msinda
Claimant
Swami Guards Security
Respondent
Procedural Posture
Employment Cause / Final Award
Legal Issues
- 1 Whether the termination of the Claimant's employment was unlawful and unfair.
- 2 Whether the Claimant is entitled to compensation, notice pay, and salary for days worked.
Ratio Decidendi
The court found that the Claimant's employment was terminated without notice or valid reason, contrary to the requirements of the Employment Act, 2007. The Respondent failed to attend court or challenge the Claimant's evidence, which was found to be satisfactory and consistent with records before the Ministry of Labour. The court held that the termination was unfair and awarded the Claimant compensation equivalent to 12 months' salary, one month salary in lieu of notice, and salary for 25 days worked in January 2014, as well as costs and interest.
Court Disposition
Claim allowed in full.
Orders
- Termination of the Claimant's contract of employment declared unfair.
- Respondent to pay the Claimant 12 months' salary in compensation at Kshs. 96,000.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT MOMBASA
CAUSE NUMBER 202 OF 2015
BETWEEN
SARO NGOA MSINDA ………………………………………………CLAIMANT
VERSUS
SWAMI GUARDS SECURITY………………………………………RESPONDENT
Rika J
Court Assistant: Benjamin Kombe
Mr. Kenga Advocate instructed by Kenga & Company Advocates for the Claimant
No appearance for the Respondent
_________________________________________________________________
ISSUE IN DISPUTE: UNLAWFUL AND UNFAIR TERMINATION
AWARD
[Rule 27 [1] [a] of the Industrial Court [Procedure] Rules 2010]
1. The Claimant filed his Statement of Claim on 13th April 2015. He states he was employed by the Respondent as a Security Guard, on 24th February 2013, earning a salary of Kshs. 8,000 per month. On 24th January 2014, the Respondent terminated the Claimant’s contract of employment. Neither reasons, nor notice, preceded the decision. The Claimant was simply told his services were not required. He seeks from the Respondent:-
1 month salary in lieu of notice at Kshs. 8,000
25 days’ salary for work done in January 2014 at Kshs. 6,666. 65
12 months’ salary in compensation for unfair termination at Kshs. 96,000
Total …………………………. Kshs. 110,665. 65
d] Interest and costs.
2. The Respondent did not attend Court in answer to Mention and Hearing Notices served. It did not make any Appearance, or file Response to the Claim. The Claimant gave evidence and closed his case, on the 29th September 2015.
The Court Finds:-
3. The Claim is unchallenged. The evidence given by the Claimant is satisfactory. His prayers are straightforward. His demands recorded before the Conciliator in the Ministry of Labour, are consistent with what is presented before the Court. The Court is persuaded the Claim is fully merited.
It is hereby ordered:-
Termination of the Claimant’s contract of employment was unfair
The Claimant is granted 12 months’ salary in compensation at Kshs. 96,000; 1 month salary in lieu of notice at Kshs. 8,000; and salary for 25 days worked in January 2014 at Kshs. 6,666. 65- total Kshs. 110,666. 65
Costs and interest to the Claimant
Dated and delivered at Mombasa this 4th day of December 2015
James Rika
Judge