Benard Muli v Stanmore Security Services Limited [2020] KEELRC 144 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Proof of employment relationship in an undefended claim
The claimant proved the employment relationship on a balance of probabilities through bank statements showing monthly salary deposits by the Respondent or its agents
The claimant produced bank statements for the period from 7th October 2013 to 17th August 2015 showing monthly deposits of Kshs.5,860 and later Kshs.7,000 by Stanmore Security or its agents, with the last payment on 10th April 2015. This corroborated the claimant's evidence that salary was paid up to March 2015, and the undefended averments stood uncontroverted.
Unfair termination and entitlement to terminal dues
Having found an employment relationship, the claimant was entitled to unpaid salary for April and 7 days of May 2015, one month's pay in lieu of notice, service pay, annual leave and compensation; compensation was set at four months' salary
The claimant was never subjected to any disciplinary process and was not issued a letter explaining the reason for termination; the Respondent failed to pay salary for April and May 2015 or to post him to another assignment. These averments were uncontroverted in the undefended claim, entitling the claimant to the statutory reliefs, with compensation calibrated to the circumstances of termination and length of service.
Basis of the award - statutory minimum wage
The award was based on the statutory minimum wage terms relevant at the time of termination, pursuant to Sections 3(6) and 26 of the Employment Act and Section 48 of the Labour Institutions Act
The claimant submitted that the applicable statutory minimum wage for 2015 was Kshs.10,954 and produced a copy of the Gazette notice for minimum wages for 2015. The court adopted the statutory terms of service relevant at the time of termination rather than the contractually paid lower salary.
Legal principles established
#- In an undefended claim, the claimant must first prove the existence of an employment relationship before relief can be granted
- Awards in undefended employment claims may be based on statutory minimum wage terms applicable at the time of termination
Court orders
#- 1.Pay in lieu of notice (consolidated) Kshs.12,597
- 2.Salary of April 2015 Kshs.12,597
- 3.Salary of 7 days worked in May 2015 Kshs.3,392
- 4.Leave for 3 years (based on basic pay) Kshs.26,542
- 5.Service pay for 3 years Kshs.18,896
- 6.Compensation (4 months' salary) Kshs.50,388
- 7.Total award of Kshs.124,412 to the Claimant against the Respondent
- 8.The respondent shall pay the Claimant's costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment claims (Employment Act; ELRC (Procedure) Rules, 2016)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Benard Muli v Stanmore Security Services Limited [2020] KEELRC 144 (KLR)", Case Analysis (2020). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/144/eng@2020-12-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.