[2013] KEELRC 607 (KLR)
The court found that the respondents, having been properly served and having failed to respond or defend the application, were in breach of their statutory and contractual obligations to pay salaries and remit statutory deductions for unionisable employees for the period October 2012 to May 2013. The applicant...
Source-derived case information.
- Citation
- [2013] KEELRC 607 (KLR)
- Parties
- Applicant: Kenya Union of Commercial, Food & Allied Workers; Respondent: Nol Turesh Loitokitok Wasani; Respondent: Tanathi Water Services
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 835 of 2013
- Procedural Posture
- Employment Cause / Ruling on Unopposed Notice of Motion
- Outcome
- application allowed as prayed
- Legal Topics
- Salary Arrears, Unionisable Workers, Statutory Deductions, Employee Protection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Commercial, Food & Allied Workers
Applicant
Nol Turesh Loitokitok Wasani
Respondent
Tanathi Water Services
Respondent
Procedural Posture
Employment Cause / Ruling on Unopposed Notice of Motion
Legal Issues
- 1 Whether the respondents failed to pay salaries/wages to unionisable employees for the period October 2012 to May 2013.
- 2 Whether the respondents failed to remit statutory deductions from employees' salaries.
- 3 Whether the respondents should be prohibited from intimidating claimant's members due to the dispute.
Ratio Decidendi
The court found that the respondents, having been properly served and having failed to respond or defend the application, were in breach of their statutory and contractual obligations to pay salaries and remit statutory deductions for unionisable employees for the period October 2012 to May 2013. The applicant established its case on a balance of probabilities. The court ordered the respondents to pay the outstanding salaries/wages, remit all statutory deductions, refrain from intimidating claimant's members, and pay the costs of the suit.
Court Disposition
application allowed as prayed
Orders
- The 1st and 2nd Respondents to pay the employees who are members of the claimant salaries/wages for the months of October 2012 to May 2013 within 30 days.
- The respondents to remit all statutory dues deducted from the salaries/wages of the said employees immediately and in any event within 30 days.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA AT NAIROBI
CAUSE NO.835 OF 2013
KENYA UNION OF COMMERCIAL, FOOD
& ALLIED WORKERS……. …………………………………………………………………………………CLAIMANT
VS
NOL TURESH LOITOKITOK WASANI……………………………………………………… 1ST RESPONDENT
TANATHI WATER SERVICES…………………………..……….………………………..... 2ND RESPONDENT
Mr. Dickens Atela Claimant/Applicant
RULING
The Court has read the Notice of Motion dated 25th May, 2013 and filed on 4thJune 2013.
The 1st and 2nd Respondents have inspite of service failed to file a replying Affidavit. A return of service dated 13th June 2013 was filed in court on 18th June 2013 confirming service of the Notice of Motion. The Applicant also served an order of the court dated 4th June, 2013 directing the mater be heard interparties on 20th June, 2013.
The Application is therefore not defended and the court has proceeded to hear the submission by counsel for the Applicant in support of the Notice of Motion.
The court is satisfied that the Respondents have failed and/or neglected to pay the salaries/wages of all the unionisable workers of the 1st and 2nd Respondents from the month of October, 2012 todate. However this Application is limited to payment of salaries upto the month of May 2013.
The court is satisfied that the Applicant has established its case for payment of such salaries and wages on a balance of probabilities and makes an order in the following terms;
The 1st and 2nd Respondents do pay the employees who are members of the claimant salaries/wages for the months of October 2012 to May 2013 forthwith and in any event within 30 days from the date of this Ruling.
(2) That the Respondent remits all statutory dues deducted from the salaries/wages of the said employees (as reflected in the payslips) immediately and in any event within 30 days from the date of this ruling.
(3) That the Respondents are prohibited from intimidating any of the Claimant’s shopstewards or members on the basis of this dispute.
(4) That the Respondent pays cost of this suit.
It is so ordered.
Dated and Delivered in Nairobi this 20th day of June, 2013.
MATHEWS N. NDUMA
PRINCIPAL JUDGE – INDUSTRIAL COURT