[2018] KEELRC 764 (KLR)
The court found that the Claimant had served her contract fully and provided credible evidence, including her bank statement, showing that the salary for August 2017 was not paid by the Respondent. The Respondent failed to appear or defend the suit, and there was no evidence to contradict the Claimant's assertions....
Source-derived case information.
- Citation
- [2018] KEELRC 764 (KLR)
- Parties
- Claimant: Ann Wanjira Wachira; Respondent: One Way Cleaning Services Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 45 of 2018
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for the claimant
- Judges
- AN Makau
- Legal Topics
- Unpaid Wages, Employment Contracts, Default Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ann Wanjira Wachira
Claimant
One Way Cleaning Services Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the Respondent failed to pay the Claimant her salary for August 2017.
- 2 Whether the Claimant is entitled to costs of the suit.
Ratio Decidendi
The court found that the Claimant had served her contract fully and provided credible evidence, including her bank statement, showing that the salary for August 2017 was not paid by the Respondent. The Respondent failed to appear or defend the suit, and there was no evidence to contradict the Claimant's assertions. The court held that the Claimant was entitled to the unpaid salary and the costs of the suit, as the employer's obligation to pay wages is clear under the Employment Act. Judgment was therefore entered against the Respondent for the claimed amount and costs.
Court Disposition
judgment for the claimant
Orders
- The Respondent shall pay the Claimant Kshs. 7,500/- as unpaid salary for August 2017.
- The Respondent shall pay the costs of the suit.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONSCOURT OF KENYA
AT NYERI
CAUSE NO. 45 OF 2018
ANN WANJIRA WACHIRA............................................CLAIMANT
VERSUS
ONE WAY CLEANING SERVICES LIMITED........RESPONDENT
JUDGMENT
1. The Claimant was employed by the Respondent as support staff on 1st September 2014 to 30th August 2017 on a 3 year contract. She served her contract and the Respondent failed to pay her August 2017 salary amounting to Kshs. 7,500/-. Despite demanding the sum the Respondent did not pay the salary due prompting the claim. She thus filed suit seeking the unpaid sum as well as costs of the suit.
2. The Respondent neither entered appearance nor filed any defence to the claim. The claim proceeded undefended. The Respondent from the evidence adduced did not pay the Claimant her last salary as evidenced by her bank statement. It was clear from previous months the payment was through her bank account and there is no deposit for August 2017. In the premises she is entitled to her salary for August 2017 as well as the costs for the suit. I therefore enter judgment against the Respondent for:-
a. Kshs. 7,500/-
b. Costs of the suit.
It is so ordered.
Dated and delivered at Nyeri this 30th day of October 2018
Nzioki wa Makau
JUDGE