[2016] KEELRC 370 (KLR)
The court found that the claimants lost employment by reason of redundancy and that the labour officer had properly computed their terminal dues. There was no evidence or pleading to support the claim for unfair termination, and therefore, the prayer for 12 months’ compensation for unfair termination was denied. The...
Source-derived case information.
- Citation
- [2016] KEELRC 370 (KLR)
- Parties
- Applicant: Solomon Wafula; Applicant: Simon Kahura Irungu; Applicant: Alice Wanjiku Kimani; Applicant: Rufus Wanjie Gathingu; Respondent: Babs Security Services Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 19, 20, 21 & 22 of 2016
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for the claimants in respect of terminal dues; claim for unfair termination compensation dismissed
- Judges
- B Ongaya
- Legal Topics
- Redundancy, Terminal Dues, Unfair Termination Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Solomon Wafula
Applicant
Simon Kahura Irungu
Applicant
Alice Wanjiku Kimani
Applicant
Rufus Wanjie Gathingu
Applicant
Babs Security Services Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimants are entitled to terminal dues as calculated by the labour officer.
- 2 Whether the claimants are entitled to compensation for unfair termination.
Ratio Decidendi
The court found that the claimants lost employment by reason of redundancy and that the labour officer had properly computed their terminal dues. There was no evidence or pleading to support the claim for unfair termination, and therefore, the prayer for 12 months’ compensation for unfair termination was denied. The court awarded the claimants their terminal dues as calculated by the labour officer and costs of the suit, with interest accruing from the date of the suit if payment was not made by the stipulated deadline.
Court Disposition
judgment for the claimants in respect of terminal dues; claim for unfair termination compensation dismissed
Orders
- The respondent to pay 1st claimant Kshs. 16,603.90 by 15.12.2016, failing which interest accrues at court rates from 08.02.2016 until full payment.
- The respondent to pay 2nd claimant Kshs. 95,860.00 by 15.12.2016, failing which interest accrues at court rates from 08.02.2016 until full payment.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT NYERI
CAUSE NO. 19 OF 2016 CONSOLIDATED WITH CAUSES 20, 21 AND 22 ALL OF 2016
SOLOMON WAFULA.....................................1ST CLAIMANT
SIMON KAHURA IRUNGU............................2ND CLAIMANT
ALICE WANJIKU KIMANI............................3RD CLAIMANT
RUFUS WANJIE GATHINGU.........................4TH CLAIMANT
VERSUS
BABS SECURITY SERVICES LIMITED........RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday, 18th November, 2016)
JUDGMENT
Each claimant filed a memorandum of claim against the respondent on 08. 02. 2016 through Kirubi, Mwangi Ben & Company Advocates. Each claimant prayed for terminal dues against the respondent as calculated by the labour officer. Each claimant further prayed for 12 months’ compensation for unfair termination together with costs of the suit.
The respondent was served but failed to enter appearance and to file a response. Despite service the respondent did not attend the hearing.
The court has considered the pleadings, the documents on record and the submissions filed for the claimants. The court finds that each of the claimant is entitled to terminal dues as per the computation by the labour officer dated 10. 09. 2015.
The claimants lost employment by reason of redundancy. The labour officer calculated all their dues flowing from the redundancy. There is no pleading or evidence on the particulars of the alleged unfair termination. The prayer for 12 months’ pay for unfair termination will therefore fail.
In conclusion, judgment is hereby entered for the claimants against the respondent for:
a) The respondent to pay 1st claimant Kshs. 16, 603. 90; 2nd claimant Kshs.95, 860. 00; the 3rd claimant Kshs.59, 009. 50; and the 4th claimant Kshs. 52, 032. 80 by 15. 12. 2016 failing interest to be payable at court rates from the date of the suit 08. 02. 2016 till full and final payment.
b) The respondent to pay each claimant’s costs of the suit.
Signed, datedanddeliveredin court atNyerithisFriday, 18th November, 2016.
BYRAM ONGAYA
JUDGE