[2015] KEELRC 1423 (KLR)
The court found that the respondent failed to appear or provide any evidence to justify the termination of the claimants' employment. As a result, the claimants' averments remained unchallenged. Applying Section 45 of the Employment Act, the court held that the employer bears the burden of proving the validity of...
Source-derived case information.
- Citation
- [2015] KEELRC 1423 (KLR)
- Parties
- Claimant: Stanley Nguli Muli; Claimant: Jonah Mwendwa Mutisya; Claimant: Alice Ikamati; Claimant: Mercy Waliaula; Claimant: Livingstone Musyoka Musamali; Respondent: Zenith Media Services Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1882 of 2011
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Claim allowed. Judgment entered for the claimants as prayed.
- Legal Topics
- Unfair Termination, Terminal Dues, Severance Pay, Salary Arrears, Redundancy, Compensation for Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stanley Nguli Muli
Claimant
Jonah Mwendwa Mutisya
Claimant
Alice Ikamati
Claimant
Mercy Waliaula
Claimant
Livingstone Musyoka Musamali
Claimant
Zenith Media Services Ltd
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the termination of the claimants' employment was unfair and wrongful.
- 2 Whether the claimants are entitled to terminal dues, severance pay, salary arrears, and compensation for unfair termination.
Ratio Decidendi
The court found that the respondent failed to appear or provide any evidence to justify the termination of the claimants' employment. As a result, the claimants' averments remained unchallenged. Applying Section 45 of the Employment Act, the court held that the employer bears the burden of proving the validity of the termination. Since the respondent did not discharge this burden, the termination was deemed unfair and wrongful. The court awarded the claimants salary arrears, severance pay, compensation for unfair termination, bonuses, and other terminal dues as claimed and tabulated in the memorandum of claim.
Court Disposition
Claim allowed. Judgment entered for the claimants as prayed.
Orders
- The respondent shall pay Stanley Nguli Muli KES 515,477.00 as tabulated.
- The respondent shall pay Livingstone Musyoka Musamali KES 237,415.00 as tabulated.
Full Case Text
Judgment text and source record
67 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NUMBER 1882 OF 2011
STANLEY NGULI MULI
JONAH MWENDWA MUTISYA
ALICE IKAMATI
MERCY WALIAULA
LIVINGSTONE MUSYOKA…………………………CLAIMANTS
VERSUS
ZENITH MEDIA SERVICES LTD……………..……RESPONDENT
JUDGMENT
1. The claimants in this suit were former employees of the respondent who claim to have been employed on various dates.
2. They aver that they always served the respondent with loyalty, dedication and diligence yet on 30th April, 2011 the respondent terminated their services and has since failed to pay them their terminal dues. They herein seek an order of this Court that the respondent pays them their terminal dues as tabulated in paragraph 5 of the memorandum of claim.
3. The respondent though served never entered appearance or filed a memo of response to the claim. I consequently ordered on 15th December, 2014 that the matter proceeds as an undefended cause and gave the claimant liberty to file submissions based on the documents filed in support of the claim.
4. Counsel for the claimants submitted that one of the reasons that will deem termination of employment unfair would be the instance where the employer fails to prove that the reasons for termination is valid.
5. The respondent did not put any evidence to prove that terminating the claimant’s employment was fair hence counsel submitted that the Court should find that the termination of the claimants services was unfair and order for compensation.
6. The respondent having failed to honour the summons of this Court the claimants averments remain unchallenged and the Court proceeds to find the termination of claimant’s services was unfair and wrongful as claimed and proceed to award them as follows:-
(a) STANLEY NGULI MULI
(i) Salary arrears for three months (February,
March and April) 42,000 x 3 months …..... Kshs.126,000. 00
(ii) Severance pay in lieu of redundancy
42,000 x 18 days x 1……………………………..29,076. 90
26
(iii) Six (6) months’ salary being damages for
Unfair termination Kshs.42,000 x 6………..252,000. 00
(iv) Bonus…………………………………………………8,400. 00
Total 515,477. 00
(b) LIVINGSTONE MUSYOKA MUSAMALI
(i) Salary arrears for three months (February, March,
and April) 24,000x 3 months…………….Kshs.72,000. 00
(ii) Severance pay in lieu of redundancy
24,000 x 18 days x 1……………………………..16,615. 40
26
(iii) Six (6) month’ salary 24,000 x 6 months…..144,000. 00
(iv) Bonus………………………………………………….4,800. 00
Total 237,415. 00
(c) JONAH MWENDWA MUTISYA
(i) Salary arrears for three months (February,
March and April) 30,000 x 3 months………..90,000. 00
(ii) Severance pay in lieu of redundancy
30,000 x 18 days x 1……………………………..20,769. 20
26
(iii) Six (6) months’ salary 30,000 x 6……………180,000. 00
(iv) Bonus…………………………………………………6,800. 00
Total 297,569. 00 (d) ALICE IKAMATI
(i) Salary arrears for three months (February,
March and April) 10,000 x 3 months…………30,000. 00
(ii) Six (6) months’ salary…………………………….60,000. 00
(iii) Claim for cost incurred……………………………...660. 00
Total 90,660. 00
(e) MERCY WALIAULA
(i) Salary arrears for three months (February,
March and April) 10,000 x 3 months………30,000. 00
(ii) six (6) months’ salary 10,000 x 6……………60,000. 00
Total 90,000. 00
GRAND TOTAL 1,131,121. 00
7. It is so ordered.
Dated at Nairobi this 27th day of February 2015
Abuodha J. N.
Judge
Delivered this 27th day of February 2015
In the presence of:-
…………………………………………………………for the Claimant and
……………………………………………………………for the Respondent.
Abuodha J. N.
Judge