[2018] KEELRC 1494 (KLR)
The court found that the claimant failed to adduce any corroborative evidence to prove the existence of an employment relationship with the respondent. The claimant's testimony was uncorroborated, and no independent witness or documentary evidence was provided. As the existence of an employment relationship is...
Source-derived case information.
- Citation
- [2018] KEELRC 1494 (KLR)
- Parties
- Claimant: Guyo Doyo Harifata; Respondent: Sobhag Shah
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 863 of 2013
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- claim dismissed
- Judges
- L Ndolo, DO Ogal
- Legal Topics
- Employment Relationship Proof, Unfair Termination, Underpayment of Wages, Overtime Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Guyo Doyo Harifata
Claimant
Sobhag Shah
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant established the existence of an employment relationship with the respondent.
- 2 Whether the claimant is entitled to the reliefs sought for alleged unfair termination and unpaid dues.
Ratio Decidendi
The court found that the claimant failed to adduce any corroborative evidence to prove the existence of an employment relationship with the respondent. The claimant's testimony was uncorroborated, and no independent witness or documentary evidence was provided. As the existence of an employment relationship is foundational to all the claims made, the failure to prove this relationship meant that the entire claim could not succeed. The court therefore dismissed the claim in its entirety, with no order as to costs.
Court Disposition
claim dismissed
Orders
- The claimant's entire claim is dismissed.
- There is no order as to costs.
Full Case Text
Judgment text and source record
38 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO 863 OF 2013
GUYO DOYO HARIFATA.................................................CLAIMANT
VERSUS
SOBHAG SHAH.............................................................RESPONDENT
JUDGMENT
Introduction
1. This claim is brought by Guyo Doyo Harifata against Sobhag Shah. The claim is contained in a Memorandum of Claim dated 7th June 2013 and filed in court on even date.
2. The Respondent did not file a reply. The Court therefore heard the Claimant ex parteon 18th April 2018.
The Claimant’s Case
3. The Claimant states that he was employed by the Respondent as a watchman on 5th March 2012 at a monthly salary of Kshs. 6,000. He claims to have been underpaid.
4. The Claimant further claims that he was not paid any salary from 1stNovember 2012 until 24th March 2013 when his employment was terminated. He contends that the termination of his employment was unlawful and unfair. He adds that he worked for six days per week from 6. 00 am to 6. 00 pm and that he also worked during public holidays.
5. The Claimant’s claim is as follows:
a) Underpayment......................................................................Kshs. 37,505. 30
b) Salary not paid for 5 months @ 11,006/74. ....................................55,033. 70
c) 1560 hours overtime worked during weekdays.............................66,363. 45
d) 1248 hours weekly rest days overtime...........................................53,090. 75
e) 216 hours worked on public holidays..............................................9,188. 80
f) 29 days annual leave.......................................................................12,276. 75
g) 1 month’s salary in lieu of notice...................................................11,006. 74
h) 18 days’ severance pay for 1 year.....................................................6,026. 50
i) 12 months’ salary in compensation...............................................132,080. 90
j) Costs plus interest
Findings and Determination
6. This being an undefended claim, the first issue for determination is whether the Claimant has established an employment relationship between himself and the Respondent.
7. Apart from his word, the Claimant did not adduce any corroborative evidence. Even assuming that his employment was by way of oral agreement, the Claimant ought to have called an independent witness to corroborate his testimony. Having failed to do so, the Court finds that he failed to prove the existence of an employment relationship which would have been the beacon of his claim.
8. In the circumstances, the Claimant’s entire claim fails and is dismissed with no order for costs.
9. It is so ordered.
DATED AND SIGNED AT NAIROBI THIS 2NDDAY OF JULY 2018
LINNET NDOLO
JUDGE
DELIVERED AT NAIROBI 18THDAY OF JULY 2018
MAUREEN ONYANGO
JUDGE
Appearance:
Mr Okemwa for the Claimant
No appearance for the Respondent