Automated Summary
Key Facts
The claimants, former employees of Zenith Media Services Ltd, were terminated on 30th April 2011. The respondent failed to respond to court proceedings, leaving the claimants' allegations unchallenged. The court ruled the termination unfair, awarding compensation for salary arrears (three months), severance pay, and damages (six months' salary). Total compensation amounts vary per claimant, with a grand total of Kshs.1,131,121.00.
Issues
- The court assessed the fairness of the termination of employment by the employer, finding that the respondent failed to provide valid reasons, leading to a ruling of unfair dismissal.
- The court calculated the compensation due to the claimants, which included three months' salary arrears, severance pay in lieu of redundancy, six months' salary as damages for unfair termination, and additional bonuses where applicable.
Holdings
The court found that the respondent failed to prove the termination of the claimants' employment was fair, leading to a determination that the termination was unfair and wrongful. The claimants were awarded terminal dues including salary arrears, severance pay, and damages for unfair termination.
Remedies
- Bonus: 8,400.00
- Six (6) months' salary being damages for unfair termination: 42,000 x 6 = 252,000.00
- Salary arrears for three months (February, March and April): 30,000 x 3 months = 90,000.00
- Salary arrears for three months (February, March and April): 42,000 x 3 months = Kshs.126,000.00
- Cost incurred: 660.00
- Six (6) months' salary: 30,000 x 6 = 180,000.00
- Severance pay in lieu of redundancy: 24,000 x 18 days = 16,615.40
- Severance pay in lieu of redundancy: 42,000 x 18 days = 29,076.90
- Salary arrears for three months (February, March and April): 24,000 x 3 months = Kshs.72,000.00
- Bonus: 4,800.00
- Six (6) months' salary: 10,000 x 6 = 60,000.00
- Salary arrears for three months (February, March and April): 10,000 x 3 months = 30,000.00
- Six (6) months' salary: 24,000 x 6 months = 144,000.00
Monetary Damages
1131121.00
Legal Principles
The court applied the burden of proof principle, requiring the employer to justify termination as fair. Since the respondent failed to provide evidence supporting the fairness of termination, the court concluded the termination was unfair and awarded compensation.
Judge Name
Abuodha J. N.
Passage Text
- The respondent did not put any evidence to prove that terminating the claimant's employment was fair hence counsel submitted that the Court should find that the termination of the claimants services was unfair and wrongful as claimed and proceed to award them as follows:-
- The respondent having failed to honour the summons of this Court the claimants averments remain unchallenged and the Court proceeds to find the termination of claimant's services was unfair and wrongful as claimed and proceed to award them as follows:-