[2013] KEELRC 374 (KLR)
The court found that the Claimant had proved her claims on a balance of probabilities. She was employed by the Respondent from February 2002 to September 2008, did not take annual leave except in 2004, and was not paid in lieu of the untaken leave. The Claimant was also entitled to service pay for the period worked,...
Source-derived case information.
- Citation
- [2013] KEELRC 374 (KLR)
- Parties
- Claimant: Joyce Wanjiru Muiruri; Respondent: Topwall Insurance Agency Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 41 of 2013
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Judgment for the Claimant.
- Judges
- B Ongaya
- Legal Topics
- Unpaid Leave, Service Pay, Termination of Employment, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joyce Wanjiru Muiruri
Claimant
Topwall Insurance Agency Ltd
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the Claimant is entitled to payment in lieu of annual leave not taken for five years.
- 2 Whether the Claimant is entitled to service pay for the period worked.
- 3 Whether the Claimant is entitled to costs of the suit.
Ratio Decidendi
The court found that the Claimant had proved her claims on a balance of probabilities. She was employed by the Respondent from February 2002 to September 2008, did not take annual leave except in 2004, and was not paid in lieu of the untaken leave. The Claimant was also entitled to service pay for the period worked, as there was no evidence of a pension or provident fund scheme. The Respondent failed to participate in the proceedings or rebut the Claimant's evidence. Accordingly, the court awarded the Claimant the sums claimed for leave and service pay, plus costs and interest.
Court Disposition
Judgment for the Claimant.
Orders
- The Respondent shall pay the Claimant Kshs.55,000 plus interest at court rates from the date of judgment until full payment.
- The Respondent shall pay the costs of the cause.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
Industrial Court of Kenya
Cause 41 of 2013 [if gte mso 9]><xml>
800x600
</xml><![endif]
JOYCE W. MUIRURI............................................................CLAIMANT
VERSUS
TOPWALL INSURANCE AGENCY LTD.......................RESPONDENT
JUDGMENT
The Claimant, Joyce Wanjiru Muiruri filed the Memorandum of Claim on 28. 09. 2012 against Topwall Insurance Agency Limited. Despite service, the Respondent failed to enter appearance and did not file the Memorandum of response.
The Claimant has prayed for:
(a)An award of Kshs.25, 000/= being payment in lieu of the annual leave days earned but not taken for five years by the Claimant.
(b)Service pay of Kshs.2, 500/= for each year she worked being salary for 15 days equal to Kshs.17, 500/=.
(c)Costs of this suit.
(d)Any other or further relief that the Honourable Court may deem fit to grant.
The case came up for hearing on 2. 05. 2013 when the Claimant gave evidence to support her case. Despite the service of the hearing notice, the Respondent did not attend court.
In view of the evidence on record, the court makes the following findings:
(a) The Claimant was employed by the Respondent with effect from February, 2002 at a monthly salary of Kshs.5, 000/=.
(b)During the employment, the Claimant did not take and was not granted annual leave except in the year 2004. By the letter dated 1st September, 2008 being appendix 2 on Memorandum of Claim, the Claimant served a 30 days termination notice thereby terminating her contract of employment.
(c)The certificate of service marked 1 on the Memorandum of Claim confirms that the Claimant worked for the Respondent from 1. 02. 2002 to 30. 9.2008.
(d)The Claimant has proved her claims and is entitled to the remedies as prayed for in the Memorandum of Claim.
In conclusion, Judgment is entered for the Claimant against the Respondent for:
(a)the Respondent to pay the Claimant a sum of Kshs.55,000/= plus interest at court rates from the date of the Judgment till full payment.
(b)the Respondent to pay costs of the cause.
Dated, signedand delivered in Court at Nakuru this 2nd May, 2013 at 11. 45 a.m. in presence of the Claimant and her Advocate, Ms. Koina.
BYRAM ONGAYA
JUDGE