[2017] KEELRC 1932 (KLR)
The court found that the claimant's evidence of unfair dismissal, underpayment, and non-payment of statutory entitlements was uncontroverted, as the respondent failed to file a response or adduce evidence. The court held that the termination was unfair for lack of valid reasons and due process. The claimant was...
Source-derived case information.
- Citation
- [2017] KEELRC 1932 (KLR)
- Parties
- Claimant: Erickson Matunda Omoyo; Respondent: Gajipara Builders Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 207 of 2015
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Claim allowed in part; claimant awarded monetary compensation; costs denied.
- Judges
- MSA Makhandia
- Legal Topics
- Unfair Termination, Underpayment of Wages, Overtime Pay, Annual Leave Entitlement, Gratuity, Compensation for Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erickson Matunda Omoyo
Claimant
Gajipara Builders Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was unfairly terminated from employment.
- 2 Whether the claimant was underpaid during his employment.
- 3 Whether the claimant is entitled to payment for annual leave, overtime, gratuity, and compensation.
Ratio Decidendi
The court found that the claimant's evidence of unfair dismissal, underpayment, and non-payment of statutory entitlements was uncontroverted, as the respondent failed to file a response or adduce evidence. The court held that the termination was unfair for lack of valid reasons and due process. The claimant was entitled to underpayments, pay in lieu of notice, annual leave, overtime, gratuity, and compensation for unfair dismissal, as established by the Employment Act. The court awarded the claimant the sums claimed, except for costs, which were denied due to late service of submissions.
Court Disposition
Claim allowed in part; claimant awarded monetary compensation; costs denied.
Orders
- Respondent to pay claimant Kshs 47,980 for underpayments.
- Respondent to pay claimant Kshs 12,823.20 in lieu of notice.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAKURU
CAUSE NO. 207 OF 2015
ERICKSON MATUNDA OMOYO CLAIMANT
v
GAJIPARA BUILDERS LIMITED RESPONDENT
JUDGMENT
1. The Claimant in the instant Cause contends that the Respondent unfairly terminated his employment in July 2014. He also asserts that he was underpaid.
2. Despite being served with Notice of Summons and the Memorandum of Claim, the Respondent only filed a Memorandum of Appearance but not a Response.
3. During the hearing on 3 November 2016, the Respondent’s advocate on record was allowed to cross examine the Claimant. Written submissions were filed and have been considered.
4. The Claimant’s testimony that he was dismissed on 7 July 2014 without being given the reasons and payment of terminal benefits remain uncontroverted.
5. The Court therefore finds that there was unfair termination of employment.
6. Also uncontroverted is the evidence that he did not take annual leave or get overtime pay for work beyond the hours or during public holidays.
7. Because the Claimant served for 2 years, the Court will award the equivalent of 3 months gross wages as compensation.
Conclusion and Orders
8. The Court finds and holds that the Claimant has proved his case on a balance of probabilities and, therefore was unfairly dismissed from employment and merits the prayers sought.
9. The Court awards the Claimant
(i) Underpayments Kshs 47,980/-
(ii) Pay in lieu of Notice Kshs 12,823/20
(iii) Annual leave Kshs 14,938/25
(iv) Overtime Kshs 43,894/80
(v) Gratuity Kshs 14,796/-
(vi) Compensation Kshs 38,469/-
TOTAL Kshs 172,901/25
10. Claimant is denied costs for failing to serve submissions within the directed timeline.
Delivered, dated and signed in Nakuru on this 20th day of January 2017.
Radido Stephen
Judge
Appearances
For Claimant Mr. Chege instructed by Munene Chege & Co. Advocates
For Respondent Ms. Muthoni instructed by Karanja-Mbugua & Co. Advocates
Court Assistants Nixon/Daisy