[2014] KEELRC 980 (KLR)
The court found that the claimant failed to adduce any evidence to establish the existence of an employment relationship with the respondent or the circumstances under which his employment was terminated. Without such evidence, the claimant could not prove his entitlement to the remedies sought, including salary in...
Source-derived case information.
- Citation
- [2014] KEELRC 980 (KLR)
- Parties
- Claimant: Vincent Ong’aria Pamba; Respondent: Modern Security Holdings Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 276 of 2013
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- claim dismissed
- Judges
- B Ongaya
- Legal Topics
- Termination of Employment, Burden of Proof, Notice Pay, Salary Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Vincent Ong’aria Pamba
Claimant
Modern Security Holdings Ltd
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant established the existence of an employment relationship with the respondent.
- 2 Whether the claimant proved entitlement to salary in lieu of notice, unpaid salary, and refund of Sacco contributions.
Ratio Decidendi
The court found that the claimant failed to adduce any evidence to establish the existence of an employment relationship with the respondent or the circumstances under which his employment was terminated. Without such evidence, the claimant could not prove his entitlement to the remedies sought, including salary in lieu of notice, unpaid salary, and refund of Sacco contributions. The court held that the claimant did not discharge the burden of proof required by law and, therefore, dismissed the suit.
Court Disposition
claim dismissed
Orders
- The claimant’s suit is dismissed with no orders as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA AT NAKURU
CAUSE NO. 276 OF 2013
VINCENT ONG’ARIA PAMBA.....................................CLAIMANT
- VERSUS -
MODERN SECURITY HOLDINGS LTD................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 9th May, 2014)
JUDGMENT
The claimant Vincent Ong’aria Pamba filed the statement of claim on 25. 08. 2013 in person. The claimant prayed for judgment against the respondent for:
Kshs.9,000. 00 being 2 months’ salary in lieu of termination notice.
Kshs.4,500. 00 being April, 2010 salary.
Refund of Kshs.600. 00 being refund of Sacco contributions.
Costs and interest of the suit.
Despite service, the respondent did not enter appearance or file a defence.
The court has considered the pleadings, the evidence and the submissions.The only issue for determination is whether the claimant is entitled to the remedies as prayed for.
The claimant did not by evidence establish the employment relationship or the circumstances of his termination. No evidence was placed before the court to establish the claims. In the circumstances, the court finds that the claimant has failed, on a balance of probability, to establish the claims and prayers as made.
In conclusion, the claimant’s suit is dismissed with no orders on costs.
Signed, datedanddeliveredin court atNakuruthisFriday 9th May, 2014.
BYRAM ONGAYA
JUDGE