[2013] KEELRC 553 (KLR)
The court found that the claimant had established his claim on a balance of probabilities. The evidence showed that the claimant worked for the respondent, was not paid his wages for several months, and was replaced without notice or payment. The respondent failed to respond to the claim or attend the hearing, and...
Source-derived case information.
- Citation
- [2013] KEELRC 553 (KLR)
- Parties
- Claimant: Kajiwe Kamau Wachiuri; Respondent: Jeaska Foods Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 95 of 2013
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Judgment for the claimant.
- Judges
- B Ongaya
- Legal Topics
- Unpaid Wages, Summary Dismissal, Oral Employment Contract
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kajiwe Kamau Wachiuri
Claimant
Jeaska Foods Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was entitled to unpaid wages for the period worked.
- 2 Whether the claimant was unfairly terminated from employment without due process.
- 3 Whether the claimant was entitled to costs and interest on the unpaid dues.
Ratio Decidendi
The court found that the claimant had established his claim on a balance of probabilities. The evidence showed that the claimant worked for the respondent, was not paid his wages for several months, and was replaced without notice or payment. The respondent failed to respond to the claim or attend the hearing, and the claimant's evidence was uncontroverted. The court held that the claimant was entitled to the unpaid wages as computed by the labour officer, as well as costs. The respondent's failure to pay or follow due process in termination justified the award in favour of the claimant.
Court Disposition
Judgment for the claimant.
Orders
- The respondent shall pay the claimant Kshs.95,933.65 as unpaid dues.
- The respondent shall pay costs of Kshs.15,000 to the claimant.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT NAKURU
CAUSE NO. 95 OF 2013
KAJIWE KAMAU WACHIURI.................................CLAIMANT
VERSUS
JEASKA FOODS LIMITED................................RESPONDENT
JUDGMENT
The Claimant Kajiwe Kamau Wachiuri filed the memorandum of claim on 23. 04. 2013. The Respondent Jeaska Foods Limited was served the summons and the memorandum of claim on 2. 05. 2013 and appointed W. Kigen & Company Advocates who filed a memorandum of appearance on 19. 06. 2013. The Respondent did not file the memorandum of response.
On 19. 06. 2013, the court fixed the case for hearing on 4. 7.2013. The Claimant served the hearing notice as directed by the court and despite the service, the respondent and its Advocates did not attend the hearing. The Claimant gave evidence to support his case.
The Claimant was employed by the respondent as a Heavy Commercial Driver (Truck) by an oral agreement on 28. 06. 2011 and at a monthly pay of Kshs.20,000/=/
The Claimant worked in the months of July, August, September, October, November, December, 2011 and part of January, 2011 and the total unpaid monthly dues amounted to Kshs.67,767/=. The Claimant had school going children. In preparation for 2011 academic year, he demanded to be paid his outstanding monthly pay. The respondent's Managing Director known as Mr. Munyitto informed him that there was no money at the time to pay the outstanding salaries.
On 6. 01. 2011, the Claimant requested for permission to proceed to make arrangements for the borrowing of school fees. The permission was granted. While on that leave, the Respondent's Managing Director telephoned him and advised him not to resume duty because another driver had been employed in his capacity.
The Claimant made demands for payment of his dues but the Respondent declined to pay. The Labour officer computed the claim to be Kshs.95, 843. 90 as per the letter dated 25. 02. 2013 attached on the memorandum of claim.
The court has considered the pleadings and the evidence and finds that the Claimant has established his claim against the respondent.
In conclusion, judgment is entered for the Claimant against the respondent for payment of Kshs.95, 933. 65 plus costs of this case fixed at Kshs.15, 000/=. The Respondent to pay the amount by 1. 08. 2013, failing which, interest to be payable at court rates from the date of this judgment till full payment.
Dated, signed and delivered in court at Nakuru this Thursday 4th July, 2013 at 12. 30 p.m. in presence of the Claimant and absence of the Respondent.
BYRAM ONGAYA
JUDGE
4. 07. 2013