[2015] KEELRC 1342 (KLR)
The court found that the claimant's evidence was unchallenged and supported by the relevant CBA, which entitled the grievant to the claimed terminal benefits. The respondent, being a member of the association that concluded the CBA, was bound by its terms. The court accepted the claimant's calculations for notice...
Source-derived case information.
- Citation
- [2015] KEELRC 1342 (KLR)
- Parties
- Applicant: Kenya Building, Construction, Timber and Furniture Industries Employees Union; Respondent: Aqua Plumbing Co Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 75 of 2014
- Procedural Posture
- Employment Claim / Final Award
- Outcome
- claim allowed
- Judges
- J Rika
- Legal Topics
- Terminal Benefits, Collective Bargaining Agreement, Notice Pay, Annual Leave, Service Pay, House Allowance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Building, Construction, Timber and Furniture Industries Employees Union
Applicant
Aqua Plumbing Co Limited
Respondent
Procedural Posture
Employment Claim / Final Award
Legal Issues
- 1 Whether the claimant is entitled to terminal benefits under the CBA.
- 2 Whether the respondent failed to pay notice, leave, service pay, and house rent allowance as claimed.
Ratio Decidendi
The court found that the claimant's evidence was unchallenged and supported by the relevant CBA, which entitled the grievant to the claimed terminal benefits. The respondent, being a member of the association that concluded the CBA, was bound by its terms. The court accepted the claimant's calculations for notice pay, annual leave, pro-rata leave, service pay, and house rent allowance, totaling Kshs. 126,050. The absence of any response or contrary evidence from the respondent further strengthened the claimant's case. The court therefore ordered the respondent to pay the specified amounts within 30 days and awarded costs to the claimant.
Court Disposition
claim allowed
Orders
- The respondent shall, within 30 days, pay to Javan Mgosi through the claimant union a total of Kshs. 126,050, comprising notice pay, annual leave pay, pro-rata leave, service pay, and arrears of house rent allowance.
- Costs awarded to the claimant.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NUMBER 75 OF 2014
BETWEEN
KENYA BUILDING, CONSTRUCTION, TIMBER
AND FURNITURE INDUSTRIES EMPLOYEES UNION……..………. CLAIMANT
VERSUS
AQUA PLUMBING CO LIMITED………....…….....……………… RESPONDENT
Rika J
Court Assistant: Benjamin Kombe
Ms. Chege Industrial Relations Officer for the Claimant
No appearance for the Respondent
_____________________________________________
ISSUE IN DISPUTE: TERMINAL BENEFITS
AWARD
Rule 27 [1] [a] of the Industrial Court [Procedure] Rules 2010]
1. This Claim was filed by the Claimant Union on 12th March 2014, on behalf of its 6 Members- Peter Tsuma, Masawa Roger Milla, Elisha Okello, Joseph Juma Mramba, Dickson Dzombo Shoka and Javan Mgosi. Of these Grievants, only the last, Javan Mgosi, has opted to pursue his Claim. The others, according to Ms. Chege for the Claimant, settled their dispute with their Employer, without involving their Union. Their respective claims were marked as withdrawn on 10th December 2014.
2. Javan testified, and closed his case on the 5th November 2014. He states he was employed by the Respondent as a Plumber, on 7th January 2007, earning a daily wage of Kshs. 438. His contract was terminated by the Respondent on 19th October 2010.
3. Aqua Limited is a Company dealing in water installations. He claims he was denied house rent allowance; notice pay; annual leave pay; prorate leave pay; and service pay. These were available to him through the CBA concluded between the Claimant and the Kenya Association of Building and Civil Engineering Contractors, an Association which the Respondent was a Member of at the time of termination of Javan’s contract.
4. He claims notice pay of 2 months’ at Kshs. 22,776; annual leave pay of 3 years at Kshs. 34,164; pro-rata leave of 2. 25 days for 9 months at Kshs. 8,870; service pay at 15 days’ salary for each year completed in service, at Kshs.19,710; and arrears of house rent allowance at Kshs. 40,530. In sum, he seeks Kshs. 126,050.
5. This evidence is unchallenged. The CBA justifying the various claims is attached to the Statement of Claim. The Court is convinced the Claim is well founded in law and fact and Orders:
(a) The Respondent shall, within 30 days of the delivery of this Award pay to Javan Mgosi through the Claimant Union 2 months’ salary in notice pay at Kshs.22,776; annual leave pay at Kshs. 34,164; pro-rata leave at Kshs. 8,870; service pay at Kshs. 19,710; arrears of house rent allowance at Kshs. 40,530 – total Kshs. 126,050
(b) Costs to the Claimant
Dated and delivered at Mombasa this 6th day of March 2015
James Rika
Judge