John Kimani Gitagia v Lol General Trading Co. Ltd [2017] KEELRC 758 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF

KENYA AT NAIROBI

CAUSE 759 OF 2015

JOHN KIMANI GITAGIA...............................................CLAIMANT

VERSUS

LOL GENERAL TRADING CO. LTD.....................RESPONDENT

JUDGEMENT

1. This cause proceeded as undefended after the court became satisfied that the respondent was duly served with summons but failed to enter appearance and file a response to the claim. The onus of proof of reasons for terminating employment rests with the employer.  The respondent in this case did not show up in court to defend the termination.  The court will therefore go by the claimants averments.

2. In his memorandum of claim filed on 6th May, 2013 claimant averred that he was employed by the respondent as a driver on 5th December, 2014 at a monthly salary of 19,480/=.  According to him, his services were wrongfully and unfairly terminated on 5th December, 2014.

3. Since January 2014, he had strained working relationship with the respondent’s Human Resources Manager who on numerous occasions frustrated and demeaned his work by issuing contradicting instructions from his immediate supervisor.  Despite his complaints, the respondent did nothing to resolve the strained relationship.

4. The matter being undefended the court will enter judgement against the respondent as follows:

a. One month salary in lieu of notice                              19,480. 00

b. Salary for days worked in December 2014                  3,141. 90

c. Unpaid leave for 2 years                                                         27,272. 00

d. Service pay                                                                                19,480. 00

e. Six months salary as compensation for unfair

termination of services                                                            116,880. 00

186,254. 00

f. Costs of the suit

5. Awards (a) – (e) shall be subjected to statutory deductions.

6. It is so ordered.

Dated at Nairobi this 17th day of March, 2017

Abuodha J. N.

Judge

Delivered this 17th of  March, 2017

Abuodha J. N.

Judge

In the presence of:-

……………………………………………………………for the Claimant

…………………………………………………………….for the Respondent.

Abuodha J. N.

Judge