Isaac Muli Muasya v Lavington Security Limited [2015] KEELRC 1266 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT

AT NAIROBI

CAUSE NUMBER 295 OF 2014

ISAAC MULI MUASYA………..........………..CLAIMANT

VERSUS

LAVINGTON SECURITY LIMITED.……..RESPONDENT

JUDGMENT

1.     This claim proceeded as an undefended cause once the Court was reasonably satisfied that the respondent was duly served but failed to file a response to the claim.

2.     The claimant seeks compensation from the Court on account of wrongful and unfair termination of his services.

3.     The brief facts are that the claimant was employed on 1st June, 2012 as a supervisor.  The appointment was verbal but was evidenced by claimant’s work identity card that described him as such.

4.     His services were terminated on 5th December, 2012 without any prior notice hence he considered such action as unlawful and unfair.

5.     In claims for unfair termination of employment, the onus is on the employer to justify the termination.  In this particular case the respondent though served did not enter appearance or file a defence leaving the claimant’s claim uncontroverted.  The Court therefore awards him the sum of Kshs.123,480 as prayed in his memorandum of claim.

6.     The respondent shall further issue the claimant with a certificate of service.  The claimant will have costs of the suit.

7.     It is so ordered.

Dated at Nairobi this 6th day of March 2015

Abuodha J. N.

Judge

Delivered this 6th day of March 2015

In the presence of:-

…………for the Claimant and

……………for the Respondent.

Abuodha J. N.

Judge