[2019] KEELRC 2590 (KLR)
The court found that the respondent failed to file any response or provide evidence to support the allegation of desertion of duty by the claimant. The claimant's account of events, including the suspension, exoneration, and lack of redeployment letter, remained uncontroverted. The court held that the termination...
Source-derived case information.
- Citation
- [2019] KEELRC 2590 (KLR)
- Parties
- Plaintiff: Stephen Limo; Defendant: The Board Management, St. Cecilia Girls Secondary School
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Cause 338 of 2017
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- judgment for the claimant; compensation and statutory benefits awarded.
- Judges
- NJ Abuodha, DI Wasike
- Legal Topics
- Unfair Termination, Summary Dismissal, Employee Reinstatement, Statutory Benefits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Limo
Plaintiff
The Board Management, St. Cecilia Girls Secondary School
Defendant
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the claimant was unfairly terminated from employment.
- 2 Whether the respondent proved desertion of duty by the claimant.
- 3 Whether the claimant is entitled to compensation and terminal benefits.
Ratio Decidendi
The court found that the respondent failed to file any response or provide evidence to support the allegation of desertion of duty by the claimant. The claimant's account of events, including the suspension, exoneration, and lack of redeployment letter, remained uncontroverted. The court held that the termination was unfair as the respondent did not follow due process or substantiate the grounds for dismissal. Consequently, the claimant was entitled to compensation for unfair termination and other statutory terminal benefits.
Court Disposition
judgment for the claimant; compensation and statutory benefits awarded.
Orders
- The respondent shall pay the claimant six months’ salary for unfair termination (Kshs. 42,000).
- The respondent shall pay the claimant one month’s salary in lieu of notice (Kshs. 7,000).
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORET
EMPLOYMENT AND LABOUR RELATIONS COURT AT ELDORET
MISCELLANOEUS CIVIL CASE NO 338 OF 2017
STEPHEN LIMO...........................................................................PLAINTIFF
VERSUS
THE BOARD MANAGEMENT
ST. CECILIA GIRLS SECONDARY SCHOOL..................DEFENDANTS
J U D G E M E N T
1. The Claimant stated that he was employed on 1st March,2015 as a Security guard and that he was suspended on 5th March,2016. His salary at the time of suspension was Kshs. 7,000/= per month.
2. According to the Claimant on 4th March,2015 he was on day duties and it was opening day. At 900 a.m he was called to the office and told students would be arriving from 10. 00 am and that they were to be held until they reach 50 then he calls for directions. He did so and called then he was told to send five students to the staff room. He brought them and was asked to assist in signing and collection of school fees. They worked until 1. 00 pm and broke away for lunch. From lunch it was raining but they continued working from the Veranda until evening. He later on left for home and came back the next day with no problem.
3. On Friday when reported he found his colleague at the gate but when he saw him he locked the gate from inside and called him to the security window and gave him a letter. It was a suspension letter. He was accused that on 4th March, 2016 a mobile phone belonging to one of the teachers whose name was not disclosed to him was lost and he was the suspect. He was escorted to his house and a search conducted but no phone was found. The teacher who claimed his phone was stolen was Mr. Wandera and he was among those who searched his house.
4. According to him he took his household things and was escorted to the main gate and ordered never to return to the school. He was later told the phone allegedly stolen had been found. He reported the issue to the Labour office for intervention but the school requested for the case to be handled internally. He went to the school and was told the suspension had been lifted as he would be paid his salary for the time he was on suspension. He was paid 3 months’ salary and was told to wait for deployment letter while waiting he was served with a letter of desertion of duties and given 24 hours to respond which he did saying he was waiting for deployment letter.
5. In cross-examination the Claimant stated that he had never been called before the Board of Management but was called by the Chairman and the principal and told the same had been resolved by the BOM, that he should resume duties. He further stated that he was never told the day to collect his deployment letter.
6. The Claimant further said the security at the school was good and that he used to work with about 4 guards and that there were no Kenya police Reservists at the school. He denied refusing to work as a grounds man. He admitted seeing the contract but was told he would size one when he reported.
7. The respondent suspended the Claimant on allegation of suspicion of stealing a phone. The phone was later found and the Claimant exonerated. The respondent offered to reinstate him but on other duties but according to him, he never got any letter of redeployment. The respondent has claimed the Claimant deserted duties but did not file any response to the claim or offer any evidence to show the Claimant deserted duties.
8. To this extent the Claimant’s allegation on unfair termination remained uncontroverted the Court therefore orders compensation for unfair termination of employment and other statutory terminal benefits as follows: -
Kshs.
(a) Six months’ salary for unfair termination Of service. 42,000
(b) One-month salary on lieu of notice 7,000
49,000
(c) Costs of the suit
9. It is so ordered.
Dated at Eldoret this day of 2019
Abuodha Jorum Nelson
Judge
Delivered this 28th day of November 2019
Abuodha Jorum Nelson
Judge
In the presence of:-
...............................................for the Claimant and
...............................................for the Respondent.
Abuodha J. N.
Judge