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ELRCPartially AllowedCause 677 of 2011· [2012] KEELRC 137 (KLR)

JOHN OGEMBO OMBOGO V PAYLESS CAR HIRE AND TOURS LIMITED [2012] KEELRC 137 (KLR)

Industrial Court of Kenya
1 November 2012
MOMAUREEN ONYANGO
253 words in judgment
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The bottom line

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A Kenyan employment court refused 12 months' compensation for a worker sacked after under two months, awarding only Kshs.20,000 in notice and salary.

What this practically means

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Executive summary

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The claimant was employed by the respondent on 18th August 2009 and his employment was terminated on 30th September 2009, having worked approximately one and a half months at a monthly salary of Kshs.10,000/=. He claimed one month's salary in lieu of notice totalling Kshs.20,000/=, plus compensation of 12 months' salary amounting to Kshs.120,000/=. He admitted receiving Kshs.5,000/= in the month he left, leaving a balance of Kshs.5,000/= of his salary entitlement. At the hearing, the respondent offered to pay the claimant Kshs.20,000/=, the amount claimed for salary and notice. The court, after hearing the claimant and the respondent's advocate and considering the pleadings and testimony, found the offer reasonable because it exceeded what the claimant was strictly entitled to. On the compensation claim, the court held that the claimant had worked less than two months, part of that period undergoing training, and that the length of service was too short to entitle him to compensation. The court ordered the respondent to pay the claimant Kshs.20,000/= as offered, in full and final settlement of his claim, within 7 days of the judgment, and directed the respondent to file proof of payment in court. The claim was accordingly allowed in the amount offered, with the 12-month compensation head refused for shortness of service.

Key legal issues

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01

Entitlement to compensation for termination after very short service

Holding

The claimant, having worked for less than 2 months (part of it under training), was not entitled to 12 months' salary compensation.

Reasoning

The court weighed the brevity of employment - approximately 1.5 months, part of which was training - against the claim for compensation of 12 months' salary. It found the service period too short to justify compensation, and instead accepted the respondent's offer of Kshs.20,000/=, which exceeded the amount the claimant was strictly entitled to (notice plus unpaid salary balance).

p. 2
02

Acceptance of the respondent's settlement offer

Holding

The court found the respondent's offer of Kshs.20,000/= reasonable as it exceeded the claimant's strict entitlement.

Reasoning

The claimant sought Kshs.20,000/= for one month's salary and notice plus Kshs.120,000/= compensation. The respondent offered the Kshs.20,000/=. Having heard both sides, the court considered the offer reasonable and incorporated it into its order as full and final settlement, to be paid within 7 days with proof of payment filed in court.

p. 2

Legal principles established

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  • A very short period of service is not sufficient to entitle an employee to compensation for termination

Court orders

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  1. 1.The Respondent to pay the Claimant Kshs.20,000/= as already offered by the Respondent, in full and final settlement of his claim within 7 days
  2. 2.Respondent to file proof of payment in Court
Jurisdiction invoked
Industrial Court of Kenya jurisdiction under the Labour Relations Act (not expressly stated in the judgment)

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "JOHN OGEMBO OMBOGO V PAYLESS CAR HIRE AND TOURS LIMITED [2012] KEELRC 137 (KLR)", Case Analysis (2012). Cause 677 of 2011. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2012/137/eng@2012-11-01

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.