[2018] KEELRC 1615 (KLR)

[2018] KEELRC 1615 (KLR)

The court found that the claimants failed to prove underpayments, as the County Labour Officer's uncontested report showed that the wages paid were not below the statutory minimum rates for the relevant job categories. The claim for overtime/lost hours was dismissed because time sheets and payslips demonstrated that...

Source-derived case information.

Citation
[2018] KEELRC 1615 (KLR)
Parties
Applicant: Leonard Kilwake Chebusire & 23 Others; Respondent: Jiangxi Zhongmei Engineering Construction Company Limited
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Kisumu
Jurisdiction
Kenya
Case Number
Cause 112 of 2015
Procedural Posture
Employment Cause / Judgment
Outcome
Judgment for the claimants in respect of annual leave only; claims for underpayments and overtime/lost hours dismissed.
Judges
DO Ogal, MN Nduma
Legal Topics
Statutory Minimum Wage, Overtime Entitlements, Annual Leave Entitlement, Terminal Dues, Statutory Deductions, Return to Work Agreements
Source Language
en
Employment and Labour Statutory Minimum Wage Overtime Entitlements Annual Leave Entitlement Terminal Dues Statutory Deductions Return to Work Agreements

Source-derived case record

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Parties

Leonard Kilwake Chebusire & 23 Others

Applicant

Jiangxi Zhongmei Engineering Construction Company Limited

Respondent

Procedural Posture

Employment Cause / Judgment

Legal Issues

  1. 1 Whether the claimants were underpaid in contravention of statutory minimum wage requirements.
  2. 2 Whether the claimants are owed overtime/lost hours by the respondent.
  3. 3 Whether the claimants are entitled to annual leave payments for the period worked.

Ratio Decidendi

The court found that the claimants failed to prove underpayments, as the County Labour Officer's uncontested report showed that the wages paid were not below the statutory minimum rates for the relevant job categories. The claim for overtime/lost hours was dismissed because time sheets and payslips demonstrated that all overtime worked was properly recorded and paid at the correct rates. However, the respondent did not deny failing to pay annual leave, and under Section 28 of the Employment Act, all employees who worked for more than two months are entitled to annual leave or payment in lieu thereof. The court therefore awarded annual leave pay to those claimants who had not already...

Court Disposition

Judgment for the claimants in respect of annual leave only; claims for underpayments and overtime/lost hours dismissed.

Orders

  • Respondent to compute and pay annual leave due to claimants who had not left employment at the time of the County Labour Officer's report, from date of recruitment to date of leaving employment or filing suit.
  • Respondent to pay costs of the suit on the lower scale.