[2017] KEELRC 1749 (KLR)
The court found that the claimant was employed by the respondent and that his employment was terminated without cause or notice, contrary to the requirements of the Employment Act. The respondent failed to attend court or file any response, and the claimant's evidence was unchallenged. The court accepted that the...
Source-derived case information.
- Citation
- [2017] KEELRC 1749 (KLR)
- Parties
- Claimant: Sylvester Charo Daniel; Respondent: Central Electrical International Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 35 of 2016
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Claim allowed in full.
- Legal Topics
- Unfair Termination, Notice Pay, Underpayment of Wages, Annual Leave Entitlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sylvester Charo Daniel
Claimant
Central Electrical International Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was unfairly terminated from employment without cause or notice.
- 2 Whether the claimant was underpaid in violation of the Minimum Wages Order.
- 3 Whether the claimant is entitled to accrued annual leave pay.
Ratio Decidendi
The court found that the claimant was employed by the respondent and that his employment was terminated without cause or notice, contrary to the requirements of the Employment Act. The respondent failed to attend court or file any response, and the claimant's evidence was unchallenged. The court accepted that the claimant was underpaid in violation of the Minimum Wages Order, had accrued annual leave that was not utilized or paid for, and was entitled to compensation for unfair termination. The court therefore awarded the claimant one month salary in lieu of notice, underpayment of wages, accrued leave pay, and twelve months' salary as compensation for unfair termination, as well as a...
Court Disposition
Claim allowed in full.
Orders
- Respondent to pay claimant Kshs. 17,002 as one month salary in lieu of notice.
- Respondent to pay claimant Kshs. 8,813 as underpayment of wages.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR
RELATIONS COURT AT MOMBASA
CAUSE NUMBER 35 OF 2016
BETWEEN
SYLVESTER CHARO DANIEL ………………………………CLAIMANT
VERSUS
CENTRAL ELECTRICAL INTERNATIONAL LIMITE.………RESPONDENT
Rika J
Court Assistant: Benjamin Kombe
Munee Katu & Company Advocates for the Claimant
No appearance for the Respondent
____________________________
JUDGMENT
1. The Claimant states he was employed by the Respondent, on 15th November 2011 as an Electrician, earning a monthly salary of Kshs. 15,204. His contract was terminated by the Respondent on 29th September 2015 without cause or notice. In his Statement of Claim filed on 27th January 2016, he seeks the following orders against the Respondent:-
a) 1 month salary in lieu of notice at Kshs. 17,002. 75.
b) Underpayment of consolidated wage from 1st May 2015 to 29th September 2015.
c) 42 days of accrued annual leave at 48,065.
d) 12 months’ salary in compensation for unfair termination at Kshs 204,033.
e) Certificate of Service.
f) Costs.
2. There are Affidavits of Service filed, showing the Respondent was served, but filed nothing in response. The Respondent did not attend Court at any time. Hearing proceeded ex parteon 21st November 2016.
3. The Claimant testified he was employed through an oral contract. He initially earned Kshs. 3,810 per week, and Kshs. 15,240 by the time he left employment.
4. He was not paid in accordance with the Minimum Wages order, and did not utilize his annual leave entitlement. On 29th September 2015, the Respondent asked him to remove his work uniform and leave. He was not issued with a notice of termination, or given any reason justifying the decision. He reported the dispute to the County Labour Office. There was no resolution. He prays the Court to allow the Claim.
The Court Finds:-
5. The Respondent has not filed anything, or attended Court at any time, to challenge the Claim. There is sufficient evidence to conclude the Claimant was employed by the Respondent as an Electrician, earning Kshs. 15,204 per month as of the time of departure from employment. His contract was terminated by the Respondent without cause or notice, on 29th September 2015. He was underpaid for the period 1st May 2015 to 29th September 2015. The relevant Wages Order dated 20th May 2015 has been placed on the record. He did not utilize his annual leave of 42 days, and was not paid anything in lieu of utilization. The Court is satisfied the Claim has merit, and Orders:-
a) The Respondent shall pay to the Claimant 1 month salary in lieu of notice at Kshs. 17,002; underpayment of wages at Kshs. 8. 813; accrued leave at Kshs. 48,065; and 12 months’ salary in compensation for unfair termination at Kshs. 204,033- total Kshs. 277,913.
b) Certificate of Service to issue.
c) Costs to the Claimant.
Dated and delivered at Mombasa this 24th day of February 2017.
James Rika
Judge