[2020] KEELRC 1303 (KLR)
The court found that the claimant failed to strictly plead and prove the particulars of his salary arrears and other monetary claims. There was a variance between the pleaded employment terms and the documentary evidence provided. The claimant did not provide a computation or breakdown of the amounts claimed, nor...
Source-derived case information.
- Citation
- [2020] KEELRC 1303 (KLR)
- Parties
- Claimant: George Oindo Achieng; Respondent: Agri Quest Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2418 of 2016
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- claim dismissed
- Judges
- B Ongaya
- Legal Topics
- Constructive Dismissal, Salary Arrears, Burden of Proof, Employment Contracts
- 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
George Oindo Achieng
Claimant
Agri Quest Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was constructively dismissed by the respondent.
- 2 Whether the claimant is entitled to salary arrears and other monetary claims.
- 3 Whether the claimant proved the particulars of his claim on a balance of probabilities.
Ratio Decidendi
The court found that the claimant failed to strictly plead and prove the particulars of his salary arrears and other monetary claims. There was a variance between the pleaded employment terms and the documentary evidence provided. The claimant did not provide a computation or breakdown of the amounts claimed, nor did he specify the months and amounts for which salary was allegedly unpaid or partially paid. As a result, the court held that the claimant did not establish the existence of the alleged contract of service or the particulars of his claim on a balance of probabilities. Consequently, the statement of claim was dismissed.
Court Disposition
claim dismissed
Orders
- The statement of claim is dismissed with no orders as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA
AT NAIROBI
CAUSE NO. 2418 OF 2016
GEORGE OINDO ACHIENG.......CLAIMANT
-VERSUS-
AGRI QUEST LIMITED..........RESPONDENT
(Before Hon. Justice Byram Ongaya on Thursday 9th April, 2020)
JUDGMENT
The claimant filed the memorandum of claim on 24. 11. 2016 through Oduor Henry John Advocates. The claimant prayed for judgment against the respondent for:
a. A declaration that the respondent’s actions forced the claimant to resign.
b. A sum of Kshs.591,408. 00 being salary arrears Kshs.226,408. 00; exemplary damages Kshs.300,00. 00; and one year severance pay Kshs.65,000. 00.
c. Certificate of service.
d. Cost of the suit.
e. Interest on b, c, and d above at present court rates.
f. Any other relief the Honourable Court may deem just and expedient to grant.
The claimant’s case is that the respondent employed him on 01. 06. 2016 as Technical Services Manager and Head of Laboratory Services at Kshs.65, 000. 00 per month. Further, the respondent seriously frustrated the claimant by failing to pay full salary and sometimes paid no salary at all. Thus the claimant was forced to resign from employment at the end of October 2016. As at resignation the claimant claimed that the salary owed was Kshs.226, 600. 00.
The respondent entered appearance on 20. 03. 2017 through Kabue Thumi & Company Advocates. The respondent did not file a defence and despite service did not attend at the hearing. The claimant testified to support his case and his advocate submitted that the case be determined on the basis of the pleadings and evidence on record.
The evidence is that the respondent employed the claimant by the letter dated 01. 10. 2015 to the position of Head Environment Analysis. The employment was effective 01. 10. 2015 at 65,000. 00 per month. The Court returns that the letter of appointment is at variance with the claimant’s pleadings that he was employed on 01. 06. 2016 as Technical Services Manager and Head of Laboratory Services at Kshs.65, 000. 00 per month. Further the Court returns that the claimant has failed to plead the particulars of the salary arrears and to strictly prove the same. The months and amounts for alleged partial payment of salary and for the alleged no payment of salary have not been pleaded and no evidence was provided in that regard. The claimant provided no computation or breakdown on how the amount claimed and prayed for was arrived at. The Court finds that on a balance of probability the claimant has failed to establish the alleged contract of service and has as well failed to particularise the claim and to prove it. In the circumstances, the statement of claim is liable to dismissal with no orders on costs.
In conclusion, judgment is hereby entered for the respondent against the claimant for the dismissal of the statement of claim with no orders on costs.
Signed, datedanddeliveredin court atNairobithisThursday, 9th April, 2020.
BYRAM ONGAYA
JUDGE