[2016] KEELRC 1833 (KLR)
The court found that the Grievant had retired after giving the required notice and that the Respondent failed to pay the terminal dues as required by law. The tabulation of the benefits was based on statutory minimum wages and relevant wage orders. The Respondent, having been served and failing to respond or attend...
Source-derived case information.
- Citation
- [2016] KEELRC 1833 (KLR)
- Parties
- Applicant: Kenya National Private Security Workers Union; Respondent: New Simba Security
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 101 of 2014
- Procedural Posture
- Industrial Cause / Judgment
- Outcome
- claim allowed
- Judges
- DO Ogal
- Legal Topics
- Terminal Benefits, Retirement Dues, Statutory Minimum Wage, House Allowance, Overtime Pay, Gratuity
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya National Private Security Workers Union
Applicant
New Simba Security
Respondent
Procedural Posture
Industrial Cause / Judgment
Legal Issues
- 1 Whether the Grievant is entitled to payment of terminal dues upon retirement.
- 2 Whether the Respondent failed to pay statutory minimum wages, house allowance, overtime, annual leave, and gratuity as required by law.
Ratio Decidendi
The court found that the Grievant had retired after giving the required notice and that the Respondent failed to pay the terminal dues as required by law. The tabulation of the benefits was based on statutory minimum wages and relevant wage orders. The Respondent, having been served and failing to respond or attend the hearing, was deemed to have no defence. The court confirmed the calculations and awarded the full amount claimed, holding that the applicant was entitled to the sum of Kshs.326,782 as terminal dues.
Court Disposition
claim allowed
Orders
- The Respondent shall pay the Claimant the sum of Kshs.326,782 as terminal dues.
- There will be no orders for costs.
Full Case Text
Judgment text and source record
49 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA AT KISUMU
INDUSTRIAL CAUSE NO. 101 OF 2014
(BEFORE HON. LADY JUSTICE MAUREEN ONYANGO)
KENYA NATIONAL PRIVATE SECURITY WORKERS UNION ....... APPLICANT
-Versus-
NEW SIMBA SECURITY ................................................................... RESPONDENT
JUDGEMENT
The Claim herein was filed by the Kenya National Private Security Workers Union, a Trade Union Registered to represent workers in the Private Security Industry, on behalf of Meshack Sasa Ka Mandila the Grievant whom it alleges was its member.
The Claimant alleged that the Grievant was employed by the Respondent, New Simba Security as a security guard on 15th November, 2012 at a salary of Shs.2,100 per month.
On 16th October, 2012 the Grievant gave the Respondent 3 months notice of his intention to retire. At the end of the 3 months notice he was not paid his terminal dues.
In the Memorandum of Claim filed on 29th May, 2014 it is alleged that the Grievant had a clean record, that he retired after attaining retirement age and was not paid his terminal benefits. The Claimant seeks payment of retirement benefits, arrears of house allowance, overtime worked and gratuity. The tabulation of the benefits is in the annexture APP ''E'' of the Memorandum of Claim as follows:-
Legal Wages as from May 2011 - April 2012 Kshs.8,463 x 12 = Kshs.101,556
Wages Paid = Kshs. 45,600
Balance = Kshs. 55,956
H/A 8,463 X 15
100 Kshs.1,269 X 12 = Kshs.15,228
Legal Wages as from May 2012 - January 2013 Kshs.9571 x 9 months = Kshs.86,139
Wages Paid Kshs.3800 x 9 months = Kshs.34,200
Balance = Kshs.41,939
House Allowance 9,571 x 15
100 = Kshs.1,436 x 9 = Kshs.12,924
4hrs overtime daily from May 2011-April 2012 Kshs.4,901 x 12 months = Kshs.58,812
4 hrs Daily overtime from May 2012-January 2013 Kshs.5,550x9 months = Kshs.49,950
Annual Leave 2010 - 2011 & 2011/2012 Kshs.9,571 x 3 years = Kshs.28,713
Gratuity Kshs.9,571 x 18 x 10 years = Kshs.66,260
26 days
GRAND TOTAL
2011 May - 2012 April Wages Areas = Kshs. 55,956
House Allowance May 2011 - April 2012 = Kshs. 15,226
2012 May - January 2013 Wages Arears = Kshs. 41,939
House Allowance May 2012 - January 2013 = Kshs.12,924
Overtime 2011 - April 2012 = Kshs.55,811
Overtime May - 2012 - January 2013 = KShs.49,950
2010/2011 Annual Leave
} =Kshs.28,713
2011/2012 Annual Leave
TOTAL =Kshs.250,951
10 years Gratuity =Kshs. 66,260
=Kshs.326,782
The Grievant testified at the hearing and reiterated the averments in the memorandum of claim.
The Respondent was served with the Memorandum of Claim and filed a Memorandum of Appearance through Kulecho, Musomba & Company Advocates but did not file a defence to the Claim. The Respondent did not attend the hearing of the cause even though they were properly served with hearing notice as is evidenced by the affidavits of service in the court file.
Having been served and having failed to respond to the Claim, I can only assume that the Respondent had no defence to the claim.
The only claim is for payment of terminal dues following the Grievant's retirement.
I have looked at the tabulation of terminal benefits and confirm that they are based on the Legal Notices for statutory minimum wages for the relevant years. The Regulation of Wages and Conditions of Employment (General) Order and the Regulation of Wages and Conditions of Employment (Protective Security Services) Order.
I therefore award the Claimant the sum of Shs.326,782 as prayed. There will be no orders for costs.
Dated and signed and delivered this 26th day of February, 2016
MAUREEN ONYANGO
JUDGE