Jedidah Wangui v Eldon Villas Limited [2020] KEELRC 1410 (KLR)
The bottom line
#A Nairobi housekeeper who left her job for a new employer lost her unfair termination case and was ordered to pay her former employer one month's salary.
What this practically means
#Executive summary
#Key legal issues
#Existence of a contract of service
The parties were in a contract of service; the claimant was employed as a Housekeeper on 05.03.2010 at Kshs.12,000.00 per month
There was no dispute between the parties that the claimant was employed by the respondent as a Housekeeper from 05.03.2010 at a monthly salary of Kshs.12,000.00. The contracts were renewable on an annual basis. This finding disposed of the first issue.
Whether employment was terminated or the claimant absconded
The claimant absconded duty to take up new employment with Bidwood Apartment Limited; the respondent's counterclaim for notice pay was allowed
The court preferred the employer's evidence that the claimant absconded in May 2015 before her contract lapsed and started working for Bidwood Apartments Limited on 05.05.2015, which she admitted in cross-examination. No medical reports verified the alleged serious illness of her child. The unfair termination allegations collapsed and the counterclaim for Kshs.12,000.00 notice pay was allowed.
Entitlement to ancillary remedies
All ancillary claims failed
Leave had been given as per the leave forms on record; the claim for May 2015 salary was dishonest as the claimant admitted she did not work that month; service pay was unavailable because the claimant was an NSSF member under section 35 of the Employment Act, 2007; and the notice pay claim was unjust enrichment since the claimant did not give or earn notice.
Legal principles established
#- An employee who is a member of NSSF is not entitled to service pay under section 35 of the Employment Act, 2007
- A claimant alleging unfair termination bears the evidential burden of supporting the claim; unsupported allegations collapse
Court orders
#- 1.The claimant to pay the respondent Kshs.12,000.00 by 01.05.2020 failing interest to be payable thereon at court rates from the date of filing the suit till full payment
- 2.The claimant to pay the respondent's costs of the suit
- Jurisdiction invoked
- Employment and labour relations jurisdiction under the Employment Act, 2007 (specific constitutional/statutory provision not stated in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jedidah Wangui v Eldon Villas Limited [2020] KEELRC 1410 (KLR)", Case Analysis (2020). Cause No 2120 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1410/eng@2020-03-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.