[2019] KEELRC 786 (KLR)
The court found that the claimant failed to prove that he was owed terminal dues by the respondent. The payslip produced by the respondent was not challenged by the claimant, and as an NSSF contributor, the claimant was not entitled to service pay unless there was an express agreement or CBA, which was not produced....
Source-derived case information.
- Citation
- [2019] KEELRC 786 (KLR)
- Parties
- Claimant: Patrick Opondo; Respondent: Inter Security Service Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1799 of 2013
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- claim dismissed with costs
- Judges
- DI Wasike
- Legal Topics
- Terminal Dues, Service Pay, Leave Entitlement, Nssf Contributions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Opondo
Claimant
Inter Security Service Ltd
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was entitled to terminal dues upon resignation.
- 2 Whether the claimant was entitled to service pay despite being an NSSF contributor.
- 3 Whether the respondent paid all terminal dues owed to the claimant.
Ratio Decidendi
The court found that the claimant failed to prove that he was owed terminal dues by the respondent. The payslip produced by the respondent was not challenged by the claimant, and as an NSSF contributor, the claimant was not entitled to service pay unless there was an express agreement or CBA, which was not produced. Consequently, the claim was not proved as required by law and was dismissed with costs.
Court Disposition
claim dismissed with costs
Orders
- The claim is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF
KENYA AT NAIROBI
CAUSE NO 1799 OF 2013
PATRICK OPONDO...............................................................CLAIMANT
VERSUS
INTER SECURITY SERVICE LTD.................................RESPONDENT
JUDGEMENT
1. The claimant pleaded that he was employed by the respondent as a guard in 2005 and worked as such until 2005 when he resigned. By the time he resigned he had no case of discipline with the respondent.
2. The respondent has however refused and or ignored to pay the claimant his terminal dues which he computed at Kshs 83,100/ =. The respondent on its part pleaded that the claimant voluntarily resigned in February, 2012 and that upon resignation his terminal dues were computed and paid to him in full and final settlement.
3. In his oral evidence, the claimant farther stated that he left employment in March, 2012 because he could not go on leave. His claim was therefore for service and leave. In cross- examination he stated that he resigned due to working conditions.
4. The respondent’s witness Mr Isaac Okwiri stated that the claimant left work voluntarily in 2012 and was paid his terminal dues.
5. It is cardinal rule of evidence that whoever alleges something must prove it to the threshold set by law in order for a court to make a finding in his or her favour.
6. The claimant herein alleged the respondent did not pay him his terminal dues which included service pay, accrued leave and public holidays. The respondent in refuting the claim attached the claimant’s last payslip for February 2012. The payslip itemizes payment for overtime and NSSF.
7. The claimant did not deny or refute the authenticity of the payslip. The claimant being a contributor to NSSF was not entitled to service pay unless it was expressly agreed in the contract or CBA. No such contracts or CBA was produced to support the claim.
8. In the circumstances the court finds this claim not proved as required by Law. The same is therefore dismissed with costs.
9. It is so ordered.
Dated at Nairobi this 20th day of September, 2019
Abuodha J. N.
Judge
Delivered this 20th day of September, 2019
Abuodha J. N.
Judge