[2019] KEELRC 796 (KLR)
The court found that the claimant had proved her case on a balance of probability, as the respondent failed to appear or produce any employment records to dispute the claims. The statutory entitlements to salary arrears and accrued leave were established under the Employment Act, and the respondent's failure to pay...
Source-derived case information.
- Citation
- [2019] KEELRC 796 (KLR)
- Parties
- Claimant: Angelica Mutinda; Respondent: Athi River Marble & Granite Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1021 of 2018
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for the claimant
- Judges
- AN Makau
- Legal Topics
- Redundancy, Terminal Benefits, Salary Arrears, Accrued Leave, Employment Records, Statutory Deductions
- 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
Angelica Mutinda
Claimant
Athi River Marble & Granite Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant is entitled to salary arrears and accrued leave following termination on account of redundancy.
- 2 Whether the respondent failed to pay terminal benefits as required by law.
Ratio Decidendi
The court found that the claimant had proved her case on a balance of probability, as the respondent failed to appear or produce any employment records to dispute the claims. The statutory entitlements to salary arrears and accrued leave were established under the Employment Act, and the respondent's failure to pay these amounts upon termination due to redundancy rendered them liable. Judgment was therefore entered in favour of the claimant for the sum claimed, subject to statutory deductions, with costs and interest awarded.
Court Disposition
judgment for the claimant
Orders
- Judgment entered for the claimant in the sum of Kshs.118,983.86, subject to statutory deductions.
- The claimant is awarded costs of the suit.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT
NAIROBI
CAUSE NO. 1021 OF 2018
ANGELICA MUTINDA.....................................................................CLAIMANT
VERSUS
ATHI RIVER MARBLE & GRANITE LIMITED.....................RESPONDENT
JUDGMENT
INTRODUCTION
1. The claimant brought this suit on 20. 6.2018 contending that her employment was terminated by the respondent on 1. 3.2016 on account of redundancy and her terminal benefits withheld. She therefore prayed for Kshs.118,983. 86 made up of Kshs.111,200 salary arrears plus Kshs.7,783. 86 accrued leave.
2. The respondent never entered appearance after service with court process and as such the suit proceeded as undefended when the claimant prosecuted the suit on 27. 7.2019.
3. The claimant testified that she was employed by the respondent from 2012 as a General worker and worked until 2016 when she was declared redundant after the company closed business. That her accrued benefits were never paid and she therefore prayed for judgement in terms of the sum sought in the suit.
4. The issue for determination is whether the claimant is entitled to the reliefs sought in her Memorandum of Claim being Kshs.118,983. 86.
5. The claims set out in paragraph 6 of the Memorandum of Claim include salary arrears for 10 months at the rate of Kshs.11,120 per month plus leave of 21 days. The said claims are entitlements of every employee under section 17 and 28 of the Employment Act. The claimant testified that she was not paid the said entitlement after they accrued or after the termination of her employment.
6. Under section 74 of the said Act, the employer has the obligation of keeping employment records of his employee. The said records are crucial in disproving claims, like the ones in the instant case but non was produced as exhibit to disprove the claims by the claimant. Consequently the court is satisfied that the claimant has proved on a balance of probability that she is entitled to the reliefs sought herein and I accordingly enter judgment for her in the sum of Kshs.118,983. 86. She will also have costs plus interest at court rate from the date of filing suit. However, the sum awarded is subject to statutory deductions.
Dated, Signed and Delivered in Open Court at Nairobi this 27th day of September, 2019
ONESMUS N. MAKAU
JUDGE