[2018] KEELRC 1346 (KLR)
The court found that the respondent admitted liability for the majority of the terminal benefits claimed by the grievant through its letter dated 10.6.2013. As the respondent failed to contest the claim or attend proceedings, and there was no evidence to the contrary, the court accepted the claimant's quantification...
Source-derived case information.
- Citation
- [2018] KEELRC 1346 (KLR)
- Parties
- Applicant: Kenya National Private Security Workers’ Union; Respondent: Bob Morgan Security Services Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 147 of 2014
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Claim allowed in part; judgment entered for the claimant for admitted sums.
- Judges
- AN Makau
- Legal Topics
- Redundancy Termination, Terminal Benefits, Gratuity Entitlement, Accrued Leave, Notice Pay, Public Holiday Compensation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya National Private Security Workers’ Union
Applicant
Bob Morgan Security Services Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the grievant was unlawfully terminated on account of redundancy.
- 2 What quantum of terminal benefits is payable to the grievant.
Ratio Decidendi
The court found that the respondent admitted liability for the majority of the terminal benefits claimed by the grievant through its letter dated 10.6.2013. As the respondent failed to contest the claim or attend proceedings, and there was no evidence to the contrary, the court accepted the claimant's quantification of benefits. The court awarded the sums admitted by the respondent, totaling Kshs.70,846, as terminal benefits due to the grievant, with interest from the date of filing. No costs were awarded.
Court Disposition
Claim allowed in part; judgment entered for the claimant for admitted sums.
Orders
- The respondent shall pay the grievant Kshs.70,846 as terminal benefits.
- Interest at court rates from the date of filing the suit.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE. NO. 147 OF 2014
KENYA NATIONAL PRIVATE
SECURITYWORKERS’ UNION....................CLAIMANT
VERSUS
BOB MORGAN
SECURITY SERVICES LIMITED.............RESPONDENT
JUDGMENT
Introduction
1. This is a claim for terminal benefits brought by the claimant union on behalf of the Lilian Ouma (herein after called the grievant). It is the claimant’s case that the grievant was unlawfully terminated on account of redundancy and the respondent refused to pay her accrued benefits including one month salary in lieu of notice, accrued leave plus transport allowance, Gratuity for the 7 years worked, 4 public holiday worked, uniform refund, 2 days accumulated rest/off days, days worked from 21st– 30th May 20-13 and certificate of service.
2. The respondent never filed any defence despite service of summons and the claim and as such, the suit proceeded exparte by formal proof. Thereafter the claimant filed written submissions which I have carefully considered herein.
Claimant’s Case
3. The grievant testified that she was employed by the respondent on 27. 2.2006 as a Security Guard earning Kshs.8,000 per month which was later increased to Kshs.15,000. She worked until 30. 5.2013 when she was served with a Redundancy notice but no terminal benefits were paid to her she reported the matter to the Labour Offices and the union calculated her terminal dues. The respondent failed to attend the conciliation at the Labour office and the claimant brought this suit.
4. The grievant prayed for one month salary in lieu of notice, accrued leave and transport allowance gratuity, 4 public holidays worked, uniform refund of Kshs.3,000, 2 rest days worked up to 30. 5.2013 plus certificate of service as assessed by the union in Appendix 1 in the claim.
Analysis and Determination
5. There is no dispute that the claimant was employed by the respondent on 27. 2.2006 as a Security Guard and worked until 30. 5.2013 when she wasterminated on account of redundancy. The only issue for determination here is what quantum of terminal benefits is payable to the grievant.
Quantum of benefits
6. The claimant quantified the grievants benefits vide her letter to the respondent dated 7. 6.2013 and the respondent by her letter dated10. 6.2013 admitting all the items raised by the claimant’s said letter save for leave allowance and salary for the days worked from 21st – 30th May 2013. The claimant’s suit is therefore allowed in terms of the admission made by the respondent’s letter dated 10. 6.2013 because there is nothing pleaded different from which the respondent admitted. Consequently I ward the grievant the sums admitted by the respondent vide the said letter as follows:
(a) One month salary in lieu of notice……….. Kshs. 9,781
(b) Accrued leave ………………………….... Kshs.12,746
(c) Uniform refund……………………………. Kshs. 3,500
(d) 4 Public holidays worked ………………….... Kshs. 3,739
(e) Gratuity for 7 years x 18/30 x 9,781
=Kshs.41,080Kshs.70,846
=========
Conclusion and Disposition
7. In view of the foregoing, I enter judgment for the claimant on behalf of the grievant in the sum of Kshs.70,846 plus interest at Court’s rate from the date of filing this suit. No orders as to costs.
Dated, Signed and Delivered in Open Court at Nairobi this 31stday of July, 2018
ONESMUS N. MAKAU
JUDGE