[2016] KEELRC 1097 (KLR)
The court found that the respondent had admitted, through its own tabulation and payment, that it owed the claimant terminal benefits. The claimant accepted Kshs. 204,890 as part payment and expressly reserved the right to claim the balance. The conciliator's report confirmed that the respondent's own calculation...
Source-derived case information.
- Citation
- [2016] KEELRC 1097 (KLR)
- Parties
- Applicant: Kenya Union of Domestic Hotels Educational Institutions, Hospitals and Allied Workers (KUDHEIHA); Respondent: Thika Sports Club
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1741 of 2011
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for the claimant
- Judges
- HS Wasilwa
- Legal Topics
- Terminal Benefits, Resignation, Service Pay, Collective Bargaining Agreement, Notice Pay, Annual Leave
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Domestic Hotels Educational Institutions, Hospitals and Allied Workers (KUDHEIHA)
Applicant
Thika Sports Club
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the respondent failed to pay the claimant his full terminal benefits upon resignation.
- 2 Whether the claimant is entitled to the balance of terminal dues as per the respondent's own tabulation.
- 3 Whether the claimant's acceptance of part payment and discharge precludes further claims.
Ratio Decidendi
The court found that the respondent had admitted, through its own tabulation and payment, that it owed the claimant terminal benefits. The claimant accepted Kshs. 204,890 as part payment and expressly reserved the right to claim the balance. The conciliator's report confirmed that the respondent's own calculation left a balance of Kshs. 168,468 unpaid. The court held that the claimant was entitled to this balance, as the respondent's admission and the claimant's reservation of rights rendered the discharge ineffective as a bar to further claims. Judgment was entered for the claimant for Kshs. 168,468 plus costs and interest from the date of judgment.
Court Disposition
judgment for the claimant
Orders
- The respondent shall pay the claimant Kshs. 168,468 as the balance of terminal dues.
- The respondent shall pay the costs of this suit to the claimant.
Full Case Text
Judgment text and source record
44 paragraphs
REPUBLIC OF KENYA
EMPLOYMENT AND LABOUR RELATIONS COURT
ATNAIROBI
CAUSE NO. 1741 OF 2011
(Before Hon. Lady Justice Hellen S. Wasilwa on 9th June, 2016)
KENYA UNION OF DOMESTIC HOTELS EDUCATIONAL INSTITUTIONS,
HOSPITALS AND ALLIED WORKERS(KUDHEIHA)……............…. CLAIMANT
VERSUS
THIKA SPORTS CLUB………..…………......……………….…RESPONDENT
JUDGMENT OF THE COURT
1. The Claimant filed his Memorandum of Claim on 19. 10. 2011, where he seeks his terminal benefits that were not paid upon resignation. He states that he was employed by the Respondent as a bar waiter on 1. 12. 2003 at a monthly salary of Kshs. 5,363/= and was housed by the Respondent.
2. On 25/12/2009, the Grievant served the Respondent with a letter of resignation and the Respondent accepted his resignation but failed to pay the Grievant his terminal benefits. The Grievant thus prays for:
1. Service pay for 6 years - 9,966 x 6 = Shs. 59,796. 00
2. Salary arrears for 2009 -831. 20 x 12 = Shs. 9,974. 20
3. Salary arrears for 2010 - 823 x 2 = Shs. 1,646. 000
4. Housing allowance - Shs. 9,000. 00
5. Notice pay - Shs. 19,954. 00
6. Long Service Award - Shs. 2,500. 00
7. Annual leave - Shs. 9,143. 00
8. Travelling allowance - Shs. 3,200. 00
9. Public Holidays - Shs. 8,540. 00
10. Late night transport - Shs. 275,200. 00
Sub-Total - Shs. 398,953. 40
Less paid - Shs. 204,890. 00
Total - Shs. 194,063. 40
3. The Respondent filed its Memorandum of Defence on 18. 11. 2011 wherein they deny being party to any CBA and that they owe the Grievant any money. They contend that the Grievant was paid his terminal benefits in accordance with his letter of appointment dated 1. 12. 2003.
4. Further, they state that the Grievant on accepting the terminal benefits acknowledged receipt and duly discharged the Respondent from any future claim in respect of the said employment contract. It is on this basis that the Respondent prays that the Claim be dismissed with costs.
5. The matter was referred by the Court to a Conciliator who filed a report on the matter on 28. 11. 2012 summing up her findings as follows:
1. That the employer did not at all come to the Labour office despite set date for the meeting.
2. That the Conciliator established that the management of Thika Sports Club had done their tabulation amounting to Kshs. 373,358. 00.
3. That the employee was paid Kshs. 204,890 cheque No. 108,146 from Thika Sports Club.
4. That on 10th April, 2010, the Claimant Mr. Anthony Gachoki signed a document confirming that he accepted Kshs. 204,890. 00 as part payment of his final dues and that he will further claim the balance of the said dues from the Club.
5. That the Conciliator understood the said dues to be the total amount that had earlier been tabulated by Thika Sports Club, therefore the balance is Kshs. 168,468. 00 which should have been paid and is yet to be paid.
6. It was established that there was no need of going through the tabulation again since the same had been done by the Respondent and paid Kshs. 204,890. 00.
7. The employer should pay the balance of their tabulation of Kshs. 168,468. 00.
6. Having considered the submissions of both parties and upon consideration of the report from the Labour Officer, this Court finds that the Respondents had on their own admitted that they owed Claimant service out and paid him 204,890/= as per Appendix 2.
7. There were some balances to be paid. As per the Conciliator report, what was unpaid was Kshs.168,468/=. I find this is what is due to the Claimant and enter judgment for him in the said figure plus costs of this suit.
8. This amount will attract interest with effect from the date of this judgment.
Read in open Court this 9th day of June, 2016.
HON. LADY JUSTICE HELLEN WASILWA
JUDGE
In the presence of:
Mwari Stephen for Claimant
No appearance for Respondents