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ELRCDismissedCause No. 76 of 2016· [2016] KEELRC 826 (KLR)
Stella Chepkoech Tanui v Rapid Security Limited [2016] KEELRC 826 (KLR)
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·~6 min to read original · ~4 min briefThe bottom line
#A Kenyan court dismissed a security guard's unfair dismissal claim because she brought no evidence to prove her case, so pleading allegations alone were not enough.
What this practically means
#Executive summary
#The claimant, engaged by the respondent on 13th February 2015 as a day security officer (guardette) at a basic salary of Kshs. 4,000.00 per month, sued for unfair/wrongful dismissal after her services were terminated on 9th March 2016 on grounds of reporting to work after four days hospitalisation. She claimed Kshs. 430,352.10 comprising salary arrears, underpayments contrary to Legal Notices No. 197 of 2013 and No. 117 of 2015, overtime, accrued leave, leave travelling allowance, laundry soap allowance, uniform reimbursement, medical reimbursement of Kshs. 2,200.00, one month's pay in lieu of notice and 12 months' compensation, plus a Certificate of Service under Section 51 of the Employment Act. The respondent denied employing her on the pleaded terms, contended it facilitated her medical attention, and asserted the claimant deserted her duties on 10th March 2016 after being asked to retrieve a sick sheet and discharge letter. The respondent also raised a geographical jurisdiction point, that the claim arose in Nairobi. The matter proceeded on 23rd June 2016 on the basis of the pleadings on record in the respondent's absence. The court framed three issues: whether the termination was wrongful, unfair and unlawful; entitlement to relief; and costs. It found the claimant had not proven unfair termination because she offered no evidence to support the contentious issues and did not controvert the respondent's defence of desertion. The court found lawful termination, dismissed the claim with costs to the respondent, and answered all issues.
Key legal issues
#01
Whether termination of the claimant's employment was wrongful, unfair and unlawful
Holding
The court found lawful termination, holding the claimant had not proven unfair termination nor controverted the respondent's case of desertion of duty
Reasoning
The claimant's case proceeded on the pleadings without supporting evidence on the contentious issues of her illness, medication and termination. The respondent's defence of desertion of duty was not disputed or answered. The claimant thus failed to discharge the burden of proving unfair termination.
p. 5
Legal principles established
#- A claimant who relies solely on pleadings without evidence to prove contentious issues fails to establish unfair termination
Court orders
#- 1.The claim is dismissed with costs to the respondent
- Jurisdiction invoked
- Employment and labour relations jurisdiction of the Employment & Labour Relations Court (Cause No. 76 of 2016)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Stella Chepkoech Tanui v Rapid Security Limited [2016] KEELRC 826 (KLR)", Case Analysis (2016). Cause No. 76 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/826/eng@2016-07-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.