[2016] KEHC 6414 (KLR)
The court found that the claimant was underpaid in violation of the applicable Legal Notices, as the respondents did not contest the evidence. The claimant was also not granted leave for three years and was terminated without notice or lawful cause. The court awarded the claimant underpayments, leave pay, one...
Source-derived case information.
- Citation
- [2016] KEHC 6414 (KLR)
- Parties
- Claimant: Feliz Lipesa Shabuya; Respondent: Mr. & Mrs. Meena Jatishya Shah t/a Floral Heritage
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Cause 702 of 2014
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- claim allowed in part
- Judges
- HS Wasilwa
- Legal Topics
- Unlawful Termination, Underpayment of Wages, Overtime Claims, Leave Entitlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Feliz Lipesa Shabuya
Claimant
Mr. & Mrs. Meena Jatishya Shah t/a Floral Heritage
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was underpaid contrary to the applicable legal notices.
- 2 Whether the claimant was unlawfully terminated from employment.
- 3 Whether the claimant is entitled to payment for overtime, leave, and notice period.
Ratio Decidendi
The court found that the claimant was underpaid in violation of the applicable Legal Notices, as the respondents did not contest the evidence. The claimant was also not granted leave for three years and was terminated without notice or lawful cause. The court awarded the claimant underpayments, leave pay, one month's salary in lieu of notice, and six months' salary as compensation for unlawful termination. The claim for service pay was denied due to lack of proof of NSSF and NHIF contributions. The respondents were ordered to pay the total sum and costs of the suit.
Court Disposition
claim allowed in part
Orders
- Respondents to pay the claimant Kshs. 208,534.70 for underpayment.
- Respondents to pay the claimant Kshs. 27,600 for three years' leave.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
EMPLOYMENT AND LABOUR RELATIONS COURT ATNAIROBI
CAUSE NO. 702 OF 2014
(Before Hon. Lady Justice Hellen S. Wasilwa on 29th February 2016)
FELIZ LIPESA SHABUYA …………………….....……………CLAIMANT
VERSUS
MR. & MRS. MEENA JATISHYA SHAH
C/A FLORAL HERITAGE ………….………..….....….……RESPONDENTS
JUDGMENT OF THE COURT
The Claimant herein filed his Statement of Claim on 30. 4.2014 against the Respondents herein who are husband and wife. He contends that the Respondents were his employers having employed him on 20. 3.2008 as a general labourer/decorator at a monthly salary of Kshs.4,480/= payable at the end of the month without house allowance upto 31. 12. 2010.
He avers that he was underpaid against Legal Notices No 38 of 1st May 2006, Legal Notice No. 70 of 1st May 2009, Legal Notice No. 98 of 1st May 2010, Legal Notice No. 64 of 1st May 2011, Legal Notice No. 71 of 1st May 2012, and Legal Notice No. 197 of 1st May 2013.
The Claimant contends that he used to work 3 hours overtime per week and this translates to 65,908. 50. He further contends that he worked during public holidays and also never went for leave. He wants this court to order that he be paid a total of Kshs.336,228. 40/= for the entire claim as pleaded.
The Claimant contends that on 5. 2.2015 he was sacked by the Respondents without payment of anything.
The Respondents were served with a Memorandum of Claim and summons on 7. 5.2014 as per the affidavit of service filed in Court on 14. 5.2014. The Respondents never entered any appearance nor did they file any defence. The matter therefore proceeded as an undefended claim.
I have examined evidence of Claimant plus submissions filed. As against what Claimant was paid which is not contested, the Claimant was underpaid as per the existing Legal Notices to the tune of Kshs.208,534. 70 which I award him. On issue of leave, I also award him an equivalent of 3 years leave for last 3 years = 9,200 x 3 = 27,600/=.
I also award Claimant:
1 months salary in lieu of notice = 9,200/=
6 months salary for unlawful termination
= 9,200 x 6 = 55,200/=
TOTAL = 318,935/=
There is no proof of NSSF and NHIF statement produced and so the issue of service cannot be paid.
The Respondents will pay costs of this suit.
Read in open Court this 29th day of February, 2016.
HON. LADY JUSTICE HELLEN WASILWA
JUDGE
In the presence of:
Miss Mwai holding brief Okemwa for Claimant – Present
No appearance for Respondent