[2018] KEELRC 1547 (KLR)
The court found that the Respondents, by their letter dated 2nd September 2013, expressly admitted owing the Claimant salary arrears for May to August 2013, accrued leave and off days, and two months' notice pay. The Claimant's claim was therefore not contested on the merits. The only adjustment made was to deduct...
Source-derived case information.
- Citation
- [2018] KEELRC 1547 (KLR)
- Parties
- Claimant: Diana K. Shitakha; Respondent: Kaskazi Beach Hotel; Respondent: LTI Kisii Safari Inns Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 564 of 2015
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for the claimant
- Judges
- L Ndolo
- Legal Topics
- Unpaid Wages, Constructive Dismissal, Notice Pay, Leave Entitlements
- 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
Diana K. Shitakha
Claimant
Kaskazi Beach Hotel
Respondent
LTI Kisii Safari Inns Ltd
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the Respondents failed to pay the Claimant's salary for the period May to August 2013.
- 2 Whether the Claimant is entitled to salary in lieu of notice and accrued leave/off days.
- 3 Whether the Respondents admitted liability for the sums claimed by the Claimant.
Ratio Decidendi
The court found that the Respondents, by their letter dated 2nd September 2013, expressly admitted owing the Claimant salary arrears for May to August 2013, accrued leave and off days, and two months' notice pay. The Claimant's claim was therefore not contested on the merits. The only adjustment made was to deduct Kshs. 800,000 already paid to the Claimant. Judgment was entered for the net sum of Kshs. 1,696,667, with interest from the date of filing and costs to the Claimant. The court relied on the principle that admissions of liability are binding and obviate the need for further proof.
Court Disposition
judgment for the claimant
Orders
- Judgment entered in favour of the Claimant against the Respondents jointly and severally for Kshs. 1,696,667.
- The amount awarded shall attract interest at court rates from the date of filing suit until payment in full.
Full Case Text
Judgment text and source record
44 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT MOMBASA
CAUSE NO 564 OF 2015
DIANA K. SHITAKHA…............................................................CLAIMANT
VS
KASKAZI BEACH HOTEL
LTI KISII SAFARI INNS LTD............................................RESPONDENTS
JUDGMENT
Introduction
1. This claim is brought by Diana K. Shitakha against her former employers, Kaskazi Beach Hotel and LTI Kisii Safari Inns Limited. The claim is documented by a Statement of Claim dated 27th July 2015 and filed in Court on 6th August 2015.
2. The Respondents entered appearance on 19th September 2016, but did not file any reply. The matter therefore proceeded by way of formal proof on 12th April 2018.
The Claimant’s Case
3. The Claimant states that she was employed by the Respondents on 10th September 2012, in the position of General Manager at Kaskazi Beach Hotel. She earned a monthly salary of Kshs. 350,000.
4. The Claimant worked for the Respondent until April 2013, when she gave a three (3) months’ resignation notice to the Respondent. She states that she was compelled to resign from her employment by the Respondents’ failure to pay her salary from the month of May 2013.
5. The Respondents accepted the Claimant’s resignation by letter dated 2nd September 2013. By this time, the Claimant had served one (1) month of her notice period. The Respondents waived the remaining two (2) months’ notice period and asked the Claimant to hand over immediately. The Claimant now claims the following:
a) Salary from May 2013 to August 2013…..........................Kshs. 1,050,000
b) 3 months’ salary in lieu of notice……………………….............1,050,000
c) 31 days’ leave pay……………………………............................350,000
d) Pending off days (3 days’ public holidays)………….....................33,000
Less 3 instalments of Kshs. 100,000 each……………...............(300,000)
Total amount due……………………………………………...2,183,873
6. The Claimant further claims interest on the outstanding amount.
Findings and Determination
7. In their letter dated 2nd September 2013, the Respondents admit owing the Claimant the following:
a) Four (4) months’ salary-May, June, July and August 2013;
b) Thirty four (34) pending leave and off days;
c) Two (2) months’ notice period.
8. The Claimant’s entire claim is admitted by the Respondents and there is therefore nothing more to say. The only thing I will do is to discount the sum of Kshs. 800,000 which the Claimant admits having received from the Respondents.
9. Consequently, I enter judgment in favour of the Claimant and against the Respondents jointly and severally in the following terms:
a) Salary for May, June, July and August 2013. ..............Kshs. 1,400,000
b) 34 leave and off days (350,000/30x34).................................396,667
c) 2 months’ notice pay………................................................700,000
Total...................................................................................2,496,667
Less amount paid……………….......................................(800,000)
Amount due…..................................................................1,696,667
10. This amount will attract interest at court rates from the date of filing suit until payment in full.
11. The Respondents will pay the costs of the case.
12. Orders accordingly.
DATED SIGNED AND DELIVERED AT MOMBASA THIS 12TH DAY OF JULY 2018
LINNET NDOLO
JUDGE
Appearance:
Mr Mkan for the Claimant
No appearance for the Respondent