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ELRCAllowedCause No. 1514 of 2014· [2017] KEELRC 1683 (KLR)

Hussein Omar Hamisi v Maurizio Corti [2017] KEELRC 1683 (KLR)

Employment and Labour Relations Court at Nairobi
3 March 2017
ANAbuodha J. N.
210 words in judgment
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The bottom line

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A Kenyan employer who fired a cook without notice or a hearing was ordered to pay over Kshs 113,000 for unfair termination.

What this practically means

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Executive summary

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This was an undefended employment claim before the Employment and Labour Relations Court at Nairobi. The claimant, Hussein Omar Hamisi, testified that the respondent, Maurizio Corti, employed him in February 2004 as a casual, took him up as a pasta cook in 2006 at a salary of Kshs 6,000, and terminated his services in 2014 without notice and without payment of terminal dues. He told the court he was simply informed there was no more work for him. The respondent entered appearance through Ms Conrad Maloba and Associates but never filed a response to the claim, and the matter therefore proceeded undefended. Holding that in the absence of any defence the court would go by the claimant's allegations, the judge entered judgment in the claimant's favour, awarding one month's salary in lieu of notice at Kshs 12,650 and eight months' salary as compensation for unfair termination at Kshs 101,200, totalling Kshs 113,850. The judgment was dated and delivered at Nairobi on 3rd March 2017 by Abuodha J. N. No costs order appears on the face of the judgment, and no authorities or statutes were cited.

Key legal issues

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01

Unfair termination without notice

Holding

The claimant's services were unfairly terminated without notice, entitling him to one month's salary in lieu of notice and eight months' salary as compensation.

Reasoning

The claimant testified that he was employed in 2004 as a casual, became a pasta cook in 2006, and his services were terminated in 2014 without notice and without payment of terminal dues. The respondent entered appearance but filed no response, so the matter proceeded undefended. In the absence of any defence, the court accepted the claimant's uncontroverted allegations and entered judgment for the claimed notice pay and compensation.

p. 1

Legal principles established

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  • Where no defence is filed, the court may proceed on the claimant's uncontroverted allegations and enter judgment accordingly.

Court orders

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  1. 1.Payment of one month's salary in lieu of notice of Kshs 12,650
  2. 2.Payment of eight months' salary as compensation for unfair termination of services of Kshs 101,200
  3. 3.Total award of Kshs 113,850 - 'It is so ordered.'
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment claims (Cause before the ELRC)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Hussein Omar Hamisi v Maurizio Corti [2017] KEELRC 1683 (KLR)", Case Analysis (2017). Cause No. 1514 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2017/1683/eng@2017-03-03

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