[2018] KEELRC 1186 (KLR)
The court found that the Claimant had proved his claim for unpaid salary from November 2015 to April 2017, as evidenced by his appointment letter and bank statements showing the last salary payment in October 2015. The Respondent, having failed to file a defence or appear, did not rebut the Claimant's evidence. The...
Source-derived case information.
- Citation
- [2018] KEELRC 1186 (KLR)
- Parties
- Claimant: James Ketta; Respondent: Quality Inspectors Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 364 of 2017
- Procedural Posture
- Employment Cause / Formal Proof
- Outcome
- judgment for the claimant
- Judges
- L Ndolo
- Legal Topics
- Salary Arrears, Employment Contracts, Remittance of Statutory Dues
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Ketta
Claimant
Quality Inspectors Limited
Respondent
Procedural Posture
Employment Cause / Formal Proof
Legal Issues
- 1 Whether the Respondent failed to pay the Claimant's salary from November 2015 to April 2017.
- 2 Whether the Claimant is entitled to unremitted NSSF contributions for May 2016 to April 2017.
- 3 Whether the Claimant is still an employee of the Respondent.
Ratio Decidendi
The court found that the Claimant had proved his claim for unpaid salary from November 2015 to April 2017, as evidenced by his appointment letter and bank statements showing the last salary payment in October 2015. The Respondent, having failed to file a defence or appear, did not rebut the Claimant's evidence. The claim for unremitted NSSF dues was declined because such dues are payable to the NSSF, not to the employee. The prayer for a declaration that the Claimant remained an employee was rejected based on the Claimant's own admission that he stopped working for the Respondent in June 2017. Judgment was entered for the Claimant for the unpaid salary, with interest and costs awarded.
Court Disposition
judgment for the claimant
Orders
- The Respondent shall pay the Claimant Kshs. 837,000 being unpaid salary from November 2015 to April 2017.
- The amount shall attract interest from the date of filing suit until payment in full.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT MOMBASA
CAUSE NO 364 OF 2017
JAMES KETTA...............................................CLAIMANT
VS
QUALITY INSPECTORS LIMITED.......RESPONDENT
JUDGMENT
Introduction
1. The Claimant’s claim brought by a Memorandum of Claim dated 27th April 2017 and filed in court on 9th May 2017 is for payment of salary arrears. In spite of due service, the Respondent did not file any reply.
2. The matter therefore proceeded by way of formal proof.
The Claimant’s Case
3. The Claimant pleads that he was employed by the Respondent in the position of Marketing Assistant effective September 2011. He rose to the position of Branch Manager, Mombasa in which he earned a monthly salary of Kshs. 46,500.
4. The Claimant claims that from November 2015 until April 2017, the Respondent failed to pay his monthly salary. In addition, the Respondent did not remit his National Social Security Fund (NSSF) dues for the period running from May 2016 until April 2017, totaling to Kshs. 4,800.
5. The Claimant therefore claims the following:
a) Kshs. 837,000 being unpaid salary from November 2015 until April 2017;
b) Kshs. 4,800 being unremitted NSSF contributions from May 2016 until April 2017;
c) A declaration that he is still an employee of the Respondent;
d) Costs plus interest.
Findings and Determination
6. The Claimant claims unpaid salaries from November 2015 until April 2017. The Claimant’s letter of appointment dated 28th July 2011 states that his salary was to be paid directly into his bank account. According to bank statements produced by the Claimant, the last salary was paid to the Claimant in the month of October 2015.
7. The Respondent did not defend the claim in spite of due service. The Court therefore finds that the claim for unpaid salary has been proved and consequently allows it.
8. Regarding the claim for unremitted NSSF dues, the only thing to say is that any such dues would be payable to NSSF and not to the Claimant. The claim thereon is therefore declined. The Claimant himself told the Court that he stopped working for the Respondent in June 2017. The prayer for a declaration that he is still an employee of the Respondent is therefore rejected.
9. In the end, I enter judgment in favour of the Claimant and against the Respondent in the sum of Kshs.837,000 being unpaid salary from November 2015 until April 2017.
10. This amount will attract interest from the date of filing suit until payment in full.
11. The Claimant will have the costs of the case.
12. Orders accordingly.
DATED SIGNED AND DELIVERED AT MOMBASA THIS 20TH DAY OF SEPTEMBER 2018
LINNET NDOLO
JUDGE
Appearance:
Mr. Mathare for the Claimant
No appearance for the Respondent