[2018] KEELRC 2369 (KLR)
The court found that the claimant's employment was terminated without valid reason and without following fair procedure, in violation of the Employment Act. The respondent failed to contest the claim, and the claimant's evidence was unchallenged. The court held that the claimant was entitled to compensation...
Source-derived case information.
- Citation
- [2018] KEELRC 2369 (KLR)
- Parties
- Claimant: Vincent Gabriel Ondeko; Respondent: Alba Hotels Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 333 of 2016
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for the claimant
- Judges
- MN Nduma, DO Ogal
- Legal Topics
- Unfair Termination, Compensation for Termination, Notice Pay, Leave Entitlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Gabriel Ondeko
Claimant
Alba Hotels Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was unfairly and wrongfully terminated from employment.
- 2 Whether the claimant is entitled to compensation and terminal benefits including notice pay and leave pay.
Ratio Decidendi
The court found that the claimant's employment was terminated without valid reason and without following fair procedure, in violation of the Employment Act. The respondent failed to contest the claim, and the claimant's evidence was unchallenged. The court held that the claimant was entitled to compensation equivalent to four months' salary, payment in lieu of notice, and payment in lieu of leave, as the termination was both substantively and procedurally unfair. The court also awarded interest and costs to the claimant.
Court Disposition
judgment for the claimant
Orders
- The respondent shall pay the claimant Kshs.42,800 as compensation for unfair termination.
- The respondent shall pay the claimant Kshs.10,700 in lieu of notice.
Full Case Text
Judgment text and source record
38 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 333 OF 2016
(Before Hon. Justice Mathews N. Nduma)
VINCENT GABRIEL ONDEKO.......................CLAIMANT
VERSUS
ALBA HOTELS LIMITED...........................RESPONDENT
J U D G E M E N T
1. The Claimant seeks compensation for wrongful and unfair termination of employment and payment of terminal benefits to wit –
(i) One month salary in lieu of notice Kshs.10,700.
(ii) Arrear salary for July, 2014 Kshs.10,700
(iii) Payment in lieu of leave for two (2) years Kshs.14,980
Facts of the Case
2. The Claimant was employed by the Respondent on 1/7/2013 in terms of written contract of employment marked annex ‘1’.
3. The Claimant earned a monthly salary of Kshs.10,700. The Claimant worked at the hotel continuously until 3rd June, 2015 when the Respondent wrongfully and unfairly terminated the employment. The Claimant did not go on leave while he worked and claims payment in lieu thereof. The Claimant was not given notice of termination, nor was he paid in lieu of notice. No valid reason was given for the termination.
4. The Claimant testified under oath in support of the particulars of claim.
5. The Respondent was served with summons and the memorandum of claim but did not enter appearance nor file a statement of defence to the claim.
6. The pleadings and the testimony by the Claimant is uncontroverted and this court finds that the claim has been proved in all respects on a balance of probabilities.
7. The court finds therefore that the employment of the Claimant was terminated for no valid reason and without following a fair procedure in violation of sections 41, 43, and 45 of the Employment Act, 2007.
8. The Claimant is entitled to compensation in terms of section 49(1) (c) of the Act. Compensation is guided by section 49(4) of the Act as follows –
(i) The Claimant did not contribute to the termination. He was not paid terminal benefits upon termination. He had served faithfully for a period of about two (2) years and suffered loss and damage as a result of the wrongful termination without notice.
(ii) The Claimant is awarded equivalent of four (4) months salary as compensation in the sum of Kshs.42,800.
9. Judgement is entered in favour of the Claimant as against the Respondent as follows –
(a) Compensation 42,800.
(b) Kshs.10,700 in lieu of notice.
(c) Kshs.14,980 in lieu of leave.
Total award Kshs.68,580.
(d) The award in (a) above is payable with interest at court rates from date of judgment and that in (b) and (c) from date of filing suit.
(e) The Respondent to pay costs of the suit.
Dated and Signed in Kisumu this 6th day of February, 2018
Mathews N. Nduma
Judge
Delivered and signed in Nairobi this 2nd day of March, 2018
Maureen Onyango
Judge
Appearances
Claimant in person
Anne Njung’e – Court Clerk