[2016] KEELRC 1294 (KLR)
The court found that the claimant's evidence of underpayment was unchallenged by the respondent, who neither filed a response nor appeared at the hearing. The court accepted the documentary evidence and the report of the Conciliator, concluding that the grievants were underpaid for a period of 12 months as claimed....
Source-derived case information.
- Citation
- [2016] KEELRC 1294 (KLR)
- Parties
- Claimant: Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers (KUDHEIHA); Respondent: Board of Governors, Kirinyaga Technical Institute
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 668 of 2010
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for the claimant
- Judges
- MSA Makhandia
- Legal Topics
- Underpayment of Wages, Salary Scales, Regulation of Wages Orders, Uncontested Claim, Industrial Court Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers (KUDHEIHA)
Claimant
Board of Governors, Kirinyaga Technical Institute
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the grievants were underpaid in violation of applicable salary scales and wage regulations.
- 2 Whether the claimant is entitled to judgment based on uncontroverted pleadings and evidence.
Ratio Decidendi
The court found that the claimant's evidence of underpayment was unchallenged by the respondent, who neither filed a response nor appeared at the hearing. The court accepted the documentary evidence and the report of the Conciliator, concluding that the grievants were underpaid for a period of 12 months as claimed. Applying Rule 21 of the Industrial Court (Procedure) Rules, 2010, the court determined that it was proper to enter judgment on the record in favour of the claimant. The court awarded specific sums to each grievant as compensation for the underpayment, as detailed in the judgment.
Court Disposition
judgment for the claimant
Orders
- Judgment entered for the claimant for underpayment of wages for the listed grievants in the specified amounts.
- No order as to costs.
Full Case Text
Judgment text and source record
51 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 668 OF 2010
KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONAL
INSTITUTRIONS, HOSPITALS & ALLIED
WORKERS CLAIMANT
v
BOARD OF GOVERNORS,
KIRINYAGA TECHNICAL INSTITUTE RESPONDENT
JUDGMENT
The Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers (KUDHEIHA) commenced legal action against the Board of Governors, Kirinyaga Technical Institute (Respondent) on 10 June 2010 alleging underpayment of wages (in terms of salary scales for civil servants, 1997 and 2008 and Regulation of Wages (General)( Amendment) Orders).
KUDHEIHA also pleaded unlawful redundancy but sought no prayers in that respect in the Memorandum of Claim.
On 27 October 2010, KUDHEIHA sought and got leave to amend the Memorandum of Claim. A Supplementary Memorandum of Claim was thereafter filed on 12 November 2010.
The record does not bear any indication that the Respondent ever filed a Response to the Cause.
The Cause was heard on 6 July 2011 and Madzayo J (as he was then) indicated that he would deliver an award on 14 July 2011. There is nothing to suggest the award was delivered.
The Cause then went into limbo until when the file was placed before the Principal Judge who directed that the file be mentioned before him on 10 May 2013, but for reasons not apparent on the record, it was not.
Because of the long interlude without any action, this Cause was part of the many fixed for hearing during the service week in Nairobi which is running from 18 April 2016 to 22 April 2016.
The Registrar of the Court gave out appropriate notices on the Court’s notice board, daily newspapers, online and through notices addressed to individual parties (representatives).
When the Cause was called out for hearing on 18 April 2016, KUDHEIHA was represented while the Respondent was not present or represented.
The representative of KUDHEIHA informed Court that the Union wished to rely on the record and the Court reserved judgment to today.
Rule 21 of the Industrial Court (Procedure) Rules, 2010 allows the Court to determine a Cause based on the record.
The Court has considered the pleadings and the report of the Conciliator who was appointed by the Minister for Labour dated 20 November 2008.
The facts as asserted by KUDHEIHA remaining unchallenged/uncontroverted by any pleadings by the Respondent and considering the Circulars and Regulation of Wages (General) (Amendment) Orders exhibited by KUDHEIHA, the Court finds that the Grievants were underpaid for a period of 12 months as contended by KUDHEIHA.
The Court consequently enters judgment in the following terms
Beth Munyua Kshs 21,060/-
Joseph Kahiga Kshs 21,060/-
Julius Wanjohi Kshs 22,020/-
Margaret Rukunyi Kshs 22,020/-
Simon Chewa Kshs 21,780/-
Johnson Chirchir Kshs 21,780/-
Jamleck Mbogo Kshs 25,200/-
Joseph Kariuki Kshs 25,200/-
Peter Njure Kshs 25,200/-
Octavio Muthee Kshs 21,780/-
Alfred Matundura Kshs 20,220/-
Pauline Njogu Kshs 22,980/-
Justus Kugua Kshs 22,920/-
Boniface Kabui Kshs 22,920/-
Anthony N. Njagi Kshs 25,200/-
Patrick Njagi Kshs 22,980/-
Edith Mburia Kshs 22,980/-
Ann W. Njanja Kshs 22,980/-
Peter N. Nyaga Kshs 22,920/-
No order as to costs.
Delivered, dated and signed in Nairobi on this 22nd day of April 2016.
Radido Stephen
Judge
Appearances
For KUDHEIHA Mr. Njiru, Industrial Relations Officer
For Respondent did not participate
Court Assistant Nixon