[2022] KEELRC 1041 (KLR)
The court found that the labour officer's calculations for underpayments and overtime were consistent with the law and prevailing legal notices, and thus adopted those figures. The court accepted the calculation for leave days as Kshs 25,290, based on Legal Notice 197 of 1/5/2013, rejecting both the claimant's and...
Source-derived case information.
- Citation
- [2022] KEELRC 1041 (KLR)
- Parties
- Applicant: Peter Wambugu Kariuki; Respondent: The Board of Management, Mereroni Primary School; Respondent: Principal Secretary, Ministry of Education
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 113 of 2015
- Procedural Posture
- Employment Claim / Post Judgment Assessment and Ruling on Terminal Dues
- Outcome
- Claim partly allowed; terminal dues awarded as specified, subject to statutory deductions, with costs and interest to the claimant.
- Judges
- HS Wasilwa
- Legal Topics
- Terminal Dues Assessment, Underpayment of Wages, Leave Entitlement, Overtime Pay, Statutory Deductions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Wambugu Kariuki
Applicant
The Board of Management, Mereroni Primary School
Respondent
Principal Secretary, Ministry of Education
Respondent
Procedural Posture
Employment Claim / Post Judgment Assessment and Ruling on Terminal Dues
Legal Issues
- 1 Whether the claimant is entitled to the sums assessed by the County Labour Office for terminal dues.
- 2 Whether the calculations for leave days, rest/off days, overtime, and public holidays are accurate and supported by evidence.
- 3 Whether the claimant is entitled to costs and interest.
Ratio Decidendi
The court found that the labour officer's calculations for underpayments and overtime were consistent with the law and prevailing legal notices, and thus adopted those figures. The court accepted the calculation for leave days as Kshs 25,290, based on Legal Notice 197 of 1/5/2013, rejecting both the claimant's and respondent's alternative calculations. Claims for rest/off days and public holidays were dismissed due to lack of supporting evidence, specifically the absence of a master roll. The court also awarded unpaid wages for 2013 as claimed. The total award was set at Kshs 452,239, subject to statutory deductions, with costs and interest to be paid by the respondent.
Court Disposition
Claim partly allowed; terminal dues awarded as specified, subject to statutory deductions, with costs and interest to the claimant.
Orders
- Respondent to pay claimant Kshs 192,011.85 for underpayments.
- Respondent to pay claimant Kshs 25,290 for leave days.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAKURU
ELRC NO. 113 OF 2015
PETER WAMBUGU KARIUKI.....................................................................................CLAIMANT
VERSUS
THE BOARD OF MANAGEMENT, MERERONI PRIMARY SCHOOL.....1ST RESPONDENT
PRINICPAL SECRETARY, MINISTRY OF EDUCATION............................2ND RESPONDENT
RULING
1. Pursuant to the judgment issued in this matter on the 27th February, 2020, the Court directed the County Labour Office to assess the terminal dues for the claimant for the period between August, 2010 and December, 2014.
2. Subsequently the County labour officer filed its report dated 18th October, 2021 on 19th October, 2021.
3. The dues owing to the claimant under underpayments is a sum of Kshs. 192,011. 85, leave days were calculated at Kshs.27,437, rest days/ off days were calculated at Kshs.50,580, overtime was calculated at Kshs. 283, 251, while Public Holidays were calculated at Kshs 41, 355 all summing up to Kshs. 617,134. 45.
4. The Court then directed the parties to file submission on the report of the labour officer.
Claimants Submissions.
5. The claimant submitted in agreement with how the labour officer calculated the terminal dues in the various heads save for the dues under leave days and rest/ off days. According to the claimant the grand total for leave days ought to be Kshs 30,806. 40 and not Kshs 27,437 as indicated in the labour officer report. Further that the grand total for rest/off days stood at Kshs. 253,900. 80 and not Kshs. 50,580 as submitted.
Respondents’ Submissions
6. The Attorney General for the Respondent filed its submissions on the 1st December, 2021 and took issue with the calculations of leave days and submitted that for 93 leave days the claimant ought to be paid Kshs.19,755 and not Kshs 27,437 calculated by the labour officer.
7. I have considered the report of the Labour Office in relation to this claim and find that the claimant is in agreement with the respondent and the Labour Officer in terms of all dues save for that of leave days.
8. I have considered the submissions of the parties herein in relation to the labour officer’s report. In terms of the calculation offered by the labour officer on the limb of underpayments, it is well guided by the legal notices prevailing at the time in question which she places at 192,011. 85/= and which I adopt accordingly.
9. I also find the leave days well calculated in relation to the legal notice 197 of 1/5/2013. I adopt the calculation at 25. 290/=.
10. In relation to off days, I have not been supplied with the master roll in order to ascertain that the claimant never went on off days. I therefore find the claim for off days not established.
11. As for overtime, I find the calculation by the labour officer in tandem with the law and adopt it at kshs.212,437. 57/=. I also find the claim payable for public holidays not supported by evidence of a master roll and I dismiss it.
12. In TOTAL I award the claimant as follows;
1. Underpayments of kshs.192,011. 85/=
2. Leave days 25,290/=
3. Overtime kshs.212,437. 57/=
4. Unpaid wages in 2013 (9 months) – 22,500/=
GRAND TOTAL = 452,239/=
Less statutory deductions
5. The respondent will pay costs of this suit plus interest at court rates with effect from the date of this Judgment.
RULING DELIVERED VIRTUALLY THIS 20TH DAY OF JANUARY, 2022.
HON. LADY JUSTICE HELLEN WASILWA
JUDGE
In the presence of:-
EKESA FOR CLAIMANT – PRESENT
RESPONDENTS – ABSENT
COURT ASSISTANT - FRED