[2021] KEELRC 2067 (KLR)
The court found that the claimant's evidence regarding unpaid salaries, unremitted statutory deductions, and retirement benefits was unchallenged, as the respondent failed to participate in the proceedings. The court held that the claimant had proved his case on a balance of probabilities and was entitled to the sum...
Source-derived case information.
- Citation
- [2021] KEELRC 2067 (KLR)
- Parties
- Claimant: Henry Angugo Olang; Respondent: Chairman, Board of Management, Ogada Secondary School
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 296 of 2015
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for the claimant
- Legal Topics
- Breach of Employment Contract, Unpaid Salaries, Statutory Deductions, Retirement Benefits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Henry Angugo Olang
Claimant
Chairman, Board of Management, Ogada Secondary School
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the respondent breached the employment contract by failing to pay salaries and remit statutory deductions.
- 2 Whether the claimant is entitled to the claimed sum of Kshs 262,300 as unpaid dues and benefits.
Ratio Decidendi
The court found that the claimant's evidence regarding unpaid salaries, unremitted statutory deductions, and retirement benefits was unchallenged, as the respondent failed to participate in the proceedings. The court held that the claimant had proved his case on a balance of probabilities and was entitled to the sum claimed. Judgment was entered for the claimant for Kshs 262,300, together with costs on half-scale and interest at court rates from the date of judgment until payment in full.
Court Disposition
judgment for the claimant
Orders
- Judgment entered for the claimant in the sum of Kshs 262,300.
- The claimant is awarded costs on half-scale.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU
CAUSE NO. 296 OF 2015
HENRY ANGUGO OLANG.......................................CLAIMANT
v
CHAIRMAN, BOARD OF MANAGEMENT
OGADA SECONDARY SCHOOL......................RESPONDENT
JUDGMENT
1. Henry Angugo Olang (the Claimant) was employed by the Board of Management, Ogada Secondary School (the Respondent) as an Artisan in 1993.
2. The Claimant retired in August 2014 and on 5 August 2015 he instituted these proceedings alleging breach of contract (unpaid salaries, balance of salaries, unremitted National Social Security Fund deductions, unremitted National Hospital Insurance Fund deductions, unremitted Benevolent Fund deductions and retirement benefits) all amounting to Kshs 262,300/-.
3. Despite accepting and acknowledging service of Notice of Summons 8 September 2015, the Respondent did not enter Appearance or file a Response.
4. On 19 September 2018, a person attended Court on behalf of the Respondent and indicated that the parties were negotiating. The Court allowed them time to settle but there was no mutual settlement.
5. On 5 December 2018, the Court directed that the Cause proceed to formal proof.
6. The Claimant testified on 29 May 2019 and thereafter he filed submissions on 10 February 2020.
7. The Claimant sought a liquidated sum of Kshs 262,300/-. His testimony remained unchallenged.
8. The Court has no hesitation in entering judgment as prayed.
Conclusion and Orders
9. In consideration of the unchallenged evidence on record, the Court enters judgment for the Claimant in the sum of Kshs 262,300/- together with costs on half-scale.
10. The decretal sum to attract interest at court rates from date of judgment until payment in full.
Delivered through Microsoft teams, dated and signed in Kisumu on this 3rd day of March 2021.
Radido Stephen, MCIArb
Judge
Appearances
For Claimant Odhiambo Ouma & Co. Advocates
Respondent did not participate
Court Assistant Chrispo Aura