[2018] KEELRC 92 (KLR)
The court found that the claimant was injured in the course of employment and that the injury was assessed by a competent authority under WIBA, resulting in a recommendation for compensation of Kshs.144,000. The respondent failed to pay this amount and did not contest the claim. Additionally, the claimant was not...
Source-derived case information.
- Citation
- [2018] KEELRC 92 (KLR)
- Parties
- Claimant: Phaisal Mohammed Bando; Respondent: Kaskazi Network Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Claim 219 of 2016
- Procedural Posture
- Employment Claim / Judgment
- Outcome
- judgment for the claimant
- Judges
- MN Nduma
- Legal Topics
- Work Injury Benefits, Arrears of Salary, Occupational Safety, Employee Compensation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Phaisal Mohammed Bando
Claimant
Kaskazi Network Limited
Respondent
Procedural Posture
Employment Claim / Judgment
Legal Issues
- 1 Whether the claimant is entitled to compensation for work injury assessed under WIBA.
- 2 Whether the claimant is entitled to arrears of salary for the period spent on sick leave after the work injury.
Ratio Decidendi
The court found that the claimant was injured in the course of employment and that the injury was assessed by a competent authority under WIBA, resulting in a recommendation for compensation of Kshs.144,000. The respondent failed to pay this amount and did not contest the claim. Additionally, the claimant was not paid salary for six months while on sick leave, and the respondent did not provide any defence or justification for the non-payment. The court held that the claimant had proved his case on a balance of probabilities and was entitled to both the assessed compensation and the arrears of salary. The court therefore awarded the sums claimed, with interest and costs.
Court Disposition
judgment for the claimant
Orders
- The respondent shall pay the claimant Kshs.90,000 being six months' arrear salary.
- The respondent shall pay the claimant Kshs.144,000 as compensation assessed under WIBA within 14 days of judgment.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT KISUMU
CLAIM NO. 219 OF 2016
(Before Hon. Justice Mathews N. Nduma)
PHAISAL MOHAMMED BANDO..............................CLAIMANT
VERSUS
KASKAZI NETWORK LIMITED.........................RESPONDENT
J U D G M E N T
1. The Claim before court is for:-
(a) Compensation in the sum of Kshs.144,000 in respect of work injury claim subjected to occupational safety and Health Officer and duly assessed at that amount and
(b) equivalent of six (6) months compensation in the sum of Kshs.90,000 being unpaid salary for the time the Claimant was under treatment whilst still an employee of the Respondent.
2. The claim was duly served on the Respondent and affidavit of service sworn by Daniel Kombo Omukoko, a duly authorized process server was filed in court on 15th December, 2016.
3. The Respondent failed to enter appearance nor file a statement of defence.
4. The fact of employment of the Claimant by the Respondent as a sales person of cardbury products to retail shops on motor bike between the period 15th July, 2014 and 10th March, 2015 is not in dispute.
5. The Claimant had a road accident in the cause of duty on 10th March, 2015. The motorbike was hit from behind by a saloon car. The Claimant sustained injuries and was treated at Ngalasia dispensary and Bungoma Hospital and was given one month and 14 days off to recuperate. The Claimant was not paid any salary for this period. He was kept in Limbo at home. After 3 months the Respondent told him to go to Nairobi where he filed the WIBA, injury form. The Claimant’s disability was assessed at 10 % and recommendation for payment of Kshs.144,000 by the company was made.
6. The Claimant seeks enforcement of this payment which is long overdue. The Claimant was on sick leave for six months and claims payment of six months arrear salary which claim is not defended.
7. Accordingly, the court finds that the claim for payment of arrear salary for six (6) months in the sum of Kshs.90,000 has been proved on a balance of probabilities and the court awards the Claimant accordingly.
8. In the final analysis, the court enteres judgment in favour of the Claimant as against the Respondent as follows:-
a) Kshs.90,000 being six (6) months arrear salary not paid whilst the Claimant was recovering from injuries and still in the employ of the Claimant.
b) An order to enforce payment of compensation duly assessed under WIBA in the sum of Kshs.144,000 by the Respondent within 14 days of this Judgment.
c) Interest on the ward in (a) above at court rates from date of filing suit till payment in full.
d) Costs of the suit.
Judgment Dated, Signed and delivered this 6th day of December, 2018
Mathews N. Nduma
Judge
Appearances
Mr. Omuchungu for Claimant
Chrispo – Court Clerk