Alphonce Syovo Ivuto v Rav Building Contractors Limited [2018] KEELRC 1357 (KLR)

Employment and Labour Relations Court

23 July 2018

HWHellen S. Wasilwa

410 words in judgment

View original judgment Read on Kenya Law Watch case

AI-assisted case brief

·~2 min to read original · ~4 min brief

The bottom line

A Kenyan worker lost his unfair dismissal case because he could not prove he was actually employed — even though the employer never showed up to defend itself.

What this practically means

Executive summary

The Claimant filed a Memorandum of Claim on 4 March 2015 alleging unfair and unlawful dismissal from employment by the Respondent and non-payment of terminal dues and compensatory damages. He averred that he was employed as a carpenter earning Kshs. 500 per day from April 2008, and that on 6 July 2014 the Respondent's Director, one Ravji, told him there was a shortage of work and ordered him not to report the following day, without notice or due process. He sought one month's notice pay (Kshs. 15,000), unpaid leave for six years (Kshs. 90,000), service gratuity for six years (Kshs. 45,000) and damages equivalent to twelve months' salary (Kshs. 180,000). The Respondent was served but never filed a response and never attended court; the matter proceeded as an undefended claim before Justice Hellen S. Wasilwa. The court held that although the claim was undefended, the Claimant had to establish his case on the evidence. It found that he failed to prove the employment contract or relationship with the Respondent, including the money he alleged he received from it. The claim was dismissed in its entirety with no orders as to costs, judgment being dated and delivered on 23 July 2018.

Key legal issues

Proof of employment relationship

Holding

The claim was dismissed because the claimant did not prove that he was employed by the respondent

Reasoning

Although the respondent never filed a response and the matter proceeded as an undefended claim, an undefended claim still requires proof of the claimant's case. The claimant alleged he was employed as a carpenter from April 2008 at Kshs. 500 per day, but gave no evidence of the contract or of the money he said he received from the respondent. Without proof of any relationship of any nature, the dismissal claim could not stand.

p. 1

Legal principles established

A claimant bears the burden of proving the employment relationship before relief for unfair dismissal can issue, even in an undefended suit

Court orders

1.Claimant's claim dismissed
2.No orders as to costs

Jurisdiction invoked: Employment and Labour Relations Court jurisdiction over an unfair and unlawful dismissal claim

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Alphonce Syovo Ivuto v Rav Building Contractors Limited [2018] KEELRC 1357 (KLR)", Case Analysis (2018). Cause No. 304 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1357/eng@2018-07-23

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