[2015] KEELRC 1039 (KLR)
The court found that the claimant had established its case on a balance of probabilities. The respondent, having been duly served and failing to respond or attend court, was deemed to have admitted the facts as pleaded. The court accepted that the terminal dues claimed were agreed between the parties, part payment...
Source-derived case information.
- Citation
- [2015] KEELRC 1039 (KLR)
- Parties
- Applicant: Kenya Union of Commercial Food and Allied Workers; Respondent: New Muthambi Farmers Co-operative
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 145 of 2014
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Judgment for the claimant.
- Judges
- B Ongaya
- Legal Topics
- Terminal Dues, Collective Bargaining Agreements, Non Payment of Wages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Commercial Food and Allied Workers
Applicant
New Muthambi Farmers Co-operative
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the respondent is liable to pay the outstanding terminal dues to the claimant's members as agreed between the parties.
- 2 Whether the claimant is entitled to costs of the suit.
Ratio Decidendi
The court found that the claimant had established its case on a balance of probabilities. The respondent, having been duly served and failing to respond or attend court, was deemed to have admitted the facts as pleaded. The court accepted that the terminal dues claimed were agreed between the parties, part payment had been made, and the outstanding amounts remained unpaid. Accordingly, the claimant was entitled to judgment for the sums claimed on behalf of its members, together with costs and interest at court rates from the date of judgment until full payment.
Court Disposition
Judgment for the claimant.
Orders
- The respondent to pay Njue M’anyiri Kshs. 105,505.05 by 01.07.2015, failing which interest at court rates shall apply from the date of judgment until full payment.
- The respondent to pay Njue Ireri Kshs. 72,653.20 by 01.07.2015, failing which interest at court rates shall apply from the date of judgment until full payment.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT NYERI
CAUSE NO. 145 OF 2014
KENYA UNION OF COMMERCIAL FOOD AND ALLIED WORKERS........................................................................ CLAIMANT
VERSUS
NEW MUTHAMBI FARMERS
CO-OPERATIVE......................................................... RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 5th June, 2015)
JUDGMENT
The claimant filed the memorandum of claim on 28. 05. 2014 on behalf of its members Njue M’anyiri and Njue Ireri.
The claimant prayed for judgment against the respondent for two main remedies thus:
The respondent to pay Njue M’anyiri Kshs.105,505. 05 and Njue Ireri Kshs.72,653. 20.
Costs of the suit.
The respondent was served with the summons and the memorandum of claim but did not enter appearance or file a defence. Despite service of the hearing notice, the respondent did not attend court at the hearing as scheduled. The claimants filed the final submissions. It is the claimant’s case that the claim is with respect to its two members’ terminal dues agreed between the parties, part of the terminal dues having been paid and the respondent having failed to pay the amount now claimed in the suit.
The court finds that the claimant has established the claim and is entitled to the prayers as made.
In conclusion judgment is entered for the claimant against the respondent for:
The respondent to pay Njue M’anyiri Kshs. 105, 505. 05 and Njue Ireri Kshs.72,653. 20 respectively by 01. 07. 2015 failing interest at court rates to be payable thereon from the date of this judgment till full payment.
The respondent to pay costs of the suit.
Signed, datedanddeliveredin court atNyerithisFriday, 5th June, 2015.
BYRAM ONGAYA
JUDGE