[2018] KEELRC 278 (KLR)
The court found that the claimant failed to produce any documentary evidence or call witnesses to prove that he was employed by the respondent. As a result, the evidence fell below the required standard to establish the existence of an employment relationship or to support the claims of unfair termination and...
Source-derived case information.
- Citation
- [2018] KEELRC 278 (KLR)
- Parties
- Claimant: Thomas Mwanyumba Mwabara; Respondent: Sun Cross Cafe
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 314 of 2015
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- claim dismissed
- Judges
- HS Wasilwa
- Legal Topics
- Unfair Termination, Redundancy, Termination Dues, House Allowance, Service Pay, Certificate of Service
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thomas Mwanyumba Mwabara
Claimant
Sun Cross Cafe
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was an employee of the respondent.
- 2 Whether the claimant was unfairly terminated from employment.
- 3 Whether the claimant is entitled to terminal dues including house allowance, salary in lieu of notice, service pay, and certificate of service.
Ratio Decidendi
The court found that the claimant failed to produce any documentary evidence or call witnesses to prove that he was employed by the respondent. As a result, the evidence fell below the required standard to establish the existence of an employment relationship or to support the claims of unfair termination and entitlement to terminal dues. The absence of a response from the respondent did not relieve the claimant of his burden of proof. Consequently, the claim was dismissed for lack of evidence.
Court Disposition
claim dismissed
Orders
- The claim is dismissed with no order as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 314 OF 2015
(Before Hon. Justice Hellen S. Wasilwa on 4th December, 2018)
THOMAS MWANYUMBA MWABARA..............................CLAIMANT
VERSUS
SUN CROSS CAFE............................................................RESPONDENT
JUDGEMENT
1. The Claimant herein filed his Memorandum of Claim on 5/3/2015 in person alleging unfair termination of his employment on account of redundancy and refusal by the Respondent to pay him his termination dues.
2. The Claimant stated that he was employed by the Respondent from 8/4/2010 as a Cook at a salary of 9,600/= per month. He avers that he served the Respondent with diligence and utmost loyalty until 4. 10. 2013 when his services were unfairly terminated.
3. He avers that he was terminated for asking for certain ingredients to be used in cooking. The owner of the Respondent Company told him that he was disturbing them and ordered him to go away.
4. The Claimant seeks payment of his dues including house allowance, salary in lieu of notice, service pay and issuance of a certificate of service.
5. He told Court that demand to sue was made but the Respondent chose not to respond.
6. The Respondents were served with the claim but never filed any Response. This claim therefore proceeded undefended.
7. That notwithstanding, the Claimant failed to produce any documents as evidence that he was an employee of the Respondent. The Claimant also failed to call a witness to corroborate his evidence.
8. The evidence submitted before Court falls below the requisite standard to prove the Claimant ever worked for the Respondent. I therefore dismiss this claim accordingly with no order as to costs.
Dated and delivered in open Court this 4th day of December, 2018.
HON. LADY JUSTICE HELLEN WASILWA
JUDGE
In the presence of:
No appearance for Parties