[2012] KEELRC 124 (KLR)
The court found that the claimant's evidence was unchallenged and admitted by the respondents, including the terms of employment and salary. The respondents failed to attend the hearing to contest the claims or substantiate their counterclaim. The court held that the claimant was entitled to one month's salary in...
Source-derived case information.
- Citation
- [2012] KEELRC 124 (KLR)
- Parties
- Applicant: Anna Awinja; Respondent: Rashid Ali; Respondent: Zahra Ali Rashid
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 867 of 2011
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment_for_claimant
- Judges
- HS Wasilwa
- Legal Topics
- Unfair Termination, Domestic Worker Rights, Severance Pay, Leave Entitlements, House Allowance, Overtime Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anna Awinja
Applicant
Rashid Ali
Respondent
Zahra Ali Rashid
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was unfairly terminated from employment by the respondents.
- 2 Whether the claimant is entitled to salary in lieu of notice, severance pay, annual leave, house allowance, and overtime pay.
- 3 Whether the respondents' counterclaim for Ksh. 6,161.29 is valid.
Ratio Decidendi
The court found that the claimant's evidence was unchallenged and admitted by the respondents, including the terms of employment and salary. The respondents failed to attend the hearing to contest the claims or substantiate their counterclaim. The court held that the claimant was entitled to one month's salary in lieu of notice, severance pay for one completed year of service, annual leave for the completed year, and house allowance at 15% of her salary for one year, as she was not provided with living quarters. The claim for overtime pay was disallowed due to lack of proof. The respondents' counterclaim was not addressed due to their absence and lack of evidence. Judgment was entered in...
Court Disposition
judgment_for_claimant
Orders
- Respondents to pay the claimant Ksh. 9,000 as salary in lieu of notice.
- Respondents to pay the claimant Ksh. 4,500 as severance pay for one completed year of service.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
Industrial Court of Kenya
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ANNA AWINJA …………………………..………………………….…APPLICANT/CLAIMANT
VS
RASHID ALI ……………………………………..…………..…….…..…… 1ST RESPONDENT
ZAHRA ALI RASHID …………………………….………………………… 2ND RESPONDENT
JUDGMENT
The Claimant herein Anna Awinja filed her claim against the Respondents Rashid Ali and Zahra Ali on 6th June 2011. The issue in dispute is unfair termination of the claimant by the Respondents.
The claimant contends that she was employed by the Respondents as a house-help at their residence at High Ridge Nairobi at a basic salary of 9000/= per month from 6th April 2010. She stated that on 1st June 2011 when her services were unlawfully terminated by the Respondents. She avers that she served the Respondents with loyalty and diligence but was denied annual leave, housing allowance, and weekday overtime as envisaged in law. She seeks order for payment of 3 months’ salary in lieu of notice, severance pay of 15 days per completed year, annual leave of 9000/= plus travelling allowance at 3000/= which totals to 12000/=. She also seeks payment of house allowance and overtime pay.
When the Respondents were served with summons, they entered appearance in the matter on 20th June 2011. They also filed a Reply to the claim and a counter claim seeking payment of 6161. 29/= as particularized in their reply. This case was scheduled for hearing on 31st October, 2012. On this day the Respondents who had been served, failed to attend court. The case therefore proceeded for hearing in the absence of the Respondents.
Having heard the claimant, I find that she gave evidence and it is to the effect that she worked for the Respondents. The Respondents admitted that they had employed her as claimed. The Respondents admit that her salary was 9000/= per month. The circumstances under which the claimant left employment of the Respondents is not clear.
I find that claimant has established her case. The evidence adduced by clamant is unchallenged.
I find for the claimant and enter judgment against Respondents as follows:
1. 1 month salary in lieu of notice- Ksh.9000/=
2. 15 days severance pay for the one
completed year of service - Ksh.4500/=
3. 21 days leave for the completed year- Ksh.6300/=
4. The salary of claimant was 9000/=. As she was not given house allowance nor living quarters. I also award her 15% of 9000/= as house allowance for 1 year worked
= 12 x 1340
= 16,080/=
5. Overtime pay is not approved.
TOTAL AWARDED = Ksh.35,880/= plus costs of this cause.
Dated, signed and delivered this 20th day of November, 2012.
HELLEN WASILWA
JUDGE
Appearances:
Claimant in person
Mohamed Madhani & Company Advocates for Respondent
Rachel Gichuki
Court Clerk