[2013] KEELRC 628 (KLR)
The court found that the claimant had established, on a balance of probabilities, that he was employed by the respondent as a night guard under an oral contract and was denied statutory employment benefits, including leave, overtime, and terminal dues. The respondent, having been served and failing to attend the...
Source-derived case information.
- Citation
- [2013] KEELRC 628 (KLR)
- Parties
- Claimant: Evans Tela; Respondent: __MISSING__
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 78 of 2013
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment_for_claimant
- Legal Topics
- Unlawful Termination, Terminal Dues, Overtime Pay, Leave Entitlements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evans Tela
Claimant
__MISSING__
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was unlawfully denied terminal dues and other employment benefits.
- 2 Whether the claimant is entitled to compensation for underpayments, overtime, rest-days, off duties, public holidays, leave, and gratuity.
Ratio Decidendi
The court found that the claimant had established, on a balance of probabilities, that he was employed by the respondent as a night guard under an oral contract and was denied statutory employment benefits, including leave, overtime, and terminal dues. The respondent, having been served and failing to attend the hearing or adduce evidence, did not rebut the claimant's case. The court applied the relevant provisions of the Employment Act, 2007, holding that the claimant was entitled to the claimed sums for underpayments, overtime, rest-days, off duties, public holidays, leave, gratuity, and compensation. Judgment was therefore entered in favour of the claimant for the full amount claimed...
Court Disposition
judgment_for_claimant
Orders
- The respondent shall pay the claimant Kshs. 1,445,507.90.
- The respondent shall pay the costs of the case.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA AT NAKURU
CAUSE NO. 78 OF 2013
-VERSUS-
The claimant Evans Telafiled the memorandum of claim on 11. 04. 2013 through Oumo & Company Advocates. The claimant prayed for judgment against the respondent for payment for underpayments, overtime, rest-days and off duties, public holidays, leave, gratuity and compensation in the sum of Kshs.1,445,507. 90. The respondent was served and filed the memorandum of appearance and the defence on 24. 04. 2013 through Rubua Ngure, Wangari & Company Advocates. The respondent denied the claimant’s claims and pleaded that he was a stranger to all the allegations. The case was fixed for hearing on 13. 06. 2013. The hearing notice was served but the respondent failed to attend the hearing. The claimant gave evidence to support his case and called one witness (CW) namely Harun Amani Aluse.
He was employed by the respondent in 2000 as a night guard at the respondent’s residence at a monthly pay of Kshs. 3,000. The contract of service was oral.
Whenever he was sick or with pressing private business like when his wife died he had to get a friend to stand in for him on duty and he had to pay such friend because the respondent refused to grant any leave or permission.
The claimant was not given any termination notice or paid any terminal dues.
The claimant relied on the details as set out in his claim on record.
The claimant’s written submissions were filed on 21. 06. 2013. The main issue for determination is whether the claimant is entitled to the remedies as prayed for. The claimant’s counsel submitted that the claimant had proved his case on a balance of probabilities and was entitled to the prayers as set out in the memorandum of claim.
In conclusion, judgment is entered for the claimant against the respondent for the respondent to pay the claimant Kshs.1,445,507. 90plus costs of the case.
JUDGE