[2013] KEELRC 448 (KLR)
The court found that the respondent, having failed to file a reply or attend the hearing, had no defence to the claim. The evidence presented by the claimant was uncontroverted, establishing that Purity Ngari was declared redundant and not paid her terminal dues. The court accepted the claimant's tabulation of dues,...
Source-derived case information.
- Citation
- [2013] KEELRC 448 (KLR)
- Parties
- Applicant: Kenya Hotels and Allied Workers Union; Respondent: The Management of Mada Hotels
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 481 of 2010
- Procedural Posture
- Employment Cause / Award
- Outcome
- Claim allowed in full.
- Judges
- DO Ogal
- Legal Topics
- Redundancy, Terminal Dues, Severance Pay, Annual Leave, Overtime Pay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Hotels and Allied Workers Union
Applicant
The Management of Mada Hotels
Respondent
Procedural Posture
Employment Cause / Award
Legal Issues
- 1 Whether the termination of Purity Ngari by the respondent amounted to redundancy and if so, whether she was entitled to terminal dues.
- 2 Whether the respondent failed to pay the claimant the statutory and contractual entitlements upon termination.
Ratio Decidendi
The court found that the respondent, having failed to file a reply or attend the hearing, had no defence to the claim. The evidence presented by the claimant was uncontroverted, establishing that Purity Ngari was declared redundant and not paid her terminal dues. The court accepted the claimant's tabulation of dues, including pay in lieu of notice, salary arrears, severance pay, pending annual leave, and overtime. The court awarded the total sum claimed, holding that the respondent's failure to participate in the proceedings or the conciliation process left the claimant's case unchallenged and entitled to judgment as prayed.
Court Disposition
Claim allowed in full.
Orders
- The respondent shall pay the claimant Kshs.96,223.20 as terminal dues for Purity Ngari.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
Industrial Court of Kenya
Cause 481 of 2010 [if !mso]> <style> v:* {behavior:url(#default#VML);} o:* {behavior:url(#default#VML);} w:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif]
KENYA HOTELS AND ALLIED WORKERS UNION.......................................CLAIMANT
-VERSUS-
THE MANAGEMENT OF MADA HOTELS................................................RESPONDENT
AWARD
___________
The case herein was heard by Hon. Justice Charles P. Chemmuttut (as he then was) on 19th July 2010 and award reserved to be on notice. The Judge retired before preparing the award and the case was handed over to me for the purpose of preparing the same.
The parties were invited for mention on 6th December 2012 when only the Claimant was represented. Mr. Makale on behalf of the Claimant had no objection to the award being prepared by me.
I have read the proceedings and the record. The case was filed by the Claimant union on 30th April 2010. The parties were called for mention for directions on 19th May 2010 when both the Claimant and Respondent were present in Court. The Court gave directions that the Respondent files its reply statement on or before 21st June 2010 and case was by consent fixed for hearing on 19th July 2010.
The Respondent did not file its reply statement as directed or at all. On the hearing date only the Claimant was present and the case proceeded in the absence of the Respondent. The claim is that the Respondent declared Purity Ngari, a Housekeeper, redundant and failed to pay her terminal dues’.
The Claimant submitted that Purity Ngari was employed on 1st June 2006 as a housekeeper. Her last salary was shs.6,000/= with a house allowance of Shs.900/=. The grievant never took any annual leave for the period she was in employment. She was terminated by letter dated 22nd February 2008 titled “RE: ONE MONTH NOTICE”. The union has tabulated the Grievants terminal dues as follows:-
1. One month pay in lieu of notice - Kshs.6,900/=
2. Salaries for March, April and May 2008 = 6900x3= Kshs.20,700/=
3. Severance pay at 15 days x 2 years i.e. 30 days Kshs.6,900/=
4. Pending Annual Leave - Kshs.13,800/=
5. Overtime - Kshs.47,923. 20/=
TOTAL: - Kshs.96,223. 20
The Claimant submitted that they reported a dispute to the Minister for Labour but the respondent failed to attend conciliation meetings forcing them to file the claim in Court.
Since the Respondent did not file a reply to the Statement of Claim or attend Court for hearing, I will presume that it has no defence to the claim.
I therefore award Shs.96,223. 20 as prayed in the Memorandum of Claim.
Orders accordingly
Read in open Court and signed on this 27th day of February, 2013.
HON. LADY JUSTICE MAUREEN ONYANGO
JUDGE.
In the Presence of:-
Mr. Makale for
______________________________ Claimant
No appearance for the
______________________________ Respondent