[2017] KEELRC 514 (KLR)
The court found that while the employment relationship, salary, and resignation were not in dispute, the claimant failed to provide sufficient evidence to support his claims for excess hours worked, underpayment, house allowance, and gratuity. No legal notice or documentary evidence was produced to substantiate the...
Source-derived case information.
- Citation
- [2017] KEELRC 514 (KLR)
- Parties
- Claimant: Abdi Ali Omar; Respondent: Penmain Company Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 858 of 2015
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- claim dismissed
- Legal Topics
- Unpaid Wages, Overtime Claims, House Allowance, Gratuity, Employment Termination
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Abdi Ali Omar
Claimant
Penmain Company Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant is entitled to payment for excess hours worked.
- 2 Whether the claimant was underpaid during his employment.
- 3 Whether the claimant is entitled to house allowance and gratuity.
Ratio Decidendi
The court found that while the employment relationship, salary, and resignation were not in dispute, the claimant failed to provide sufficient evidence to support his claims for excess hours worked, underpayment, house allowance, and gratuity. No legal notice or documentary evidence was produced to substantiate the alleged underpayment or entitlement to the claimed sums. Consequently, the court was not persuaded that any aspect of the claimant's prayers had evidentiary support and dismissed the claim in its entirety.
Court Disposition
claim dismissed
Orders
- The claim is dismissed.
- There is no order as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYEMENT AND LABOUR
RELATIONS COURT AT MOMBASA
CAUSE NUMBER 858 OF 2015
BETWEEN
ABDI ALI OMAR....................................CLAIMANT
VERSUS
PENMAIN COMPANY LIMITED....RESPONDENT
Rika J
Court Assistant: Benjamin Kombe
Oyugi Kitoo & Company Advocates for the Claimant
Asige Keverenge & Anyanzwa Advocates for the Respondent
_________________________________________________
JUDGMENT
1. The Claimant filed his Statement of Claim on 12th May 2015. He states he was employed by the Respondent Company as a Watchman in May 2010. He was assigned duty at Two Fishes Hotel in Ukunda. He worked until March 2014 when he resigned. He earned a monthly salary of Kshs. 6,500. He states he was not paid for excess hours worked at Kshs. 652,735; underpayment at Kshs. 96,187; house allowance Kshs. 60,000; and gratuity at Kshs. 12,000- total Kshs. 820,923.
2. The Respondent filed its Statement of Response on 17th December 2015. It is conceded the Claimant was employed by the Respondent in the position and for the period indicated in the Claim. The Claimant’s rate of monthly salary and the fact of his resignation are not contested. The Respondent states the Claimant resigned after the Respondent offered to assign him work at a different Company. His Claim has no foundation. The Respondent urges the Court to dismiss the Claim with costs to the Respondent.
3. Parties consented to have the dispute considered and determined on the strength of the record. The Claimant filed his Submissions on 20th September 2017. The Respondent appears not to have filed Closing Submissions.
The Court Finds:-
4. The Claimant was employed by the Respondent as a Watchman at Ukunda, earning a salary of Kshs. 6,500 per month. He worked from May 2010, up till March 2014 when he resigned.
5. He has not shown the Court that he worked excess hours, to justify his claim for Kshs. 652,735. There is no legal notice availed to the Court, showing underpayment. Similarly he has not supplied evidence or any other material to support the prayers for house allowance and gratuity. In all, the Court is not persuaded that any aspect of his prayers has support in evidence. The Claim is dismissed, with no order on the costs.
Dated and delivered at Mombasa this 10th day of November 2017.
James Rika
Judge