[2018] KEELRC 654 (KLR)
The court found that the agreement reached between the claimant, the respondent, and the union on 30.07.2013 was binding and enforceable. The claimant was entitled only to the sum of Kshs.38,448.00, less the loan of Kshs.4,500.00, resulting in a net payment of Kshs.33,948.00. The claimant was not entitled to any...
Source-derived case information.
- Citation
- [2018] KEELRC 654 (KLR)
- Parties
- Claimant: Pius Achesa Mate; Respondent: Garmeet Chana t/a Raju’s Garage
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 977 of 2014
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Claim partially allowed as per consent; residual claims dismissed.
- Judges
- B Ongaya
- Legal Topics
- Termination by Agreement, Union Settlement, Wage Underpayment, House Allowance, Pay in Lieu of Notice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pius Achesa Mate
Claimant
Garmeet Chana t/a Raju’s Garage
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant is entitled to further payments beyond the consented sum of Kshs.38,448.00.
- 2 Whether the respondent is entitled to recover the loan of Kshs.4,500.00 from the claimant.
- 3 Whether the claimant is entitled to pay in lieu of notice or any other relief.
Ratio Decidendi
The court found that the agreement reached between the claimant, the respondent, and the union on 30.07.2013 was binding and enforceable. The claimant was entitled only to the sum of Kshs.38,448.00, less the loan of Kshs.4,500.00, resulting in a net payment of Kshs.33,948.00. The claimant was not entitled to any further claims, including pay in lieu of notice, as the employment relationship was terminated by mutual agreement. The respondent was entitled to recover the outstanding loan, and each party was to bear their own costs. The partial judgment by consent prevailed, and no further relief was granted to the claimant.
Court Disposition
Claim partially allowed as per consent; residual claims dismissed.
Orders
- Partial judgment for claimant in the sum of Kshs.38,448.00 less Kshs.4,500.00 loan, net Kshs.33,948.00.
- Respondent entitled to recover Kshs.4,500.00 loan from claimant.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT NAIROBI
CAUSE NO.977 OF 2014
PIUS ACHESA MATE..................................................CLAIMANT
- VERSUS -
GARMEET CHANA T/A RAJU’S GARAGE......RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 2nd November, 2018)
JUDGMENT
The claimant filed the memorandum of claim on 13. 06. 2014 through Ashitiva & Company Advocates. The claimant prayed for judgment against the respondent for:
a. The respondent to pay the claimant a sum of Kshs.134, 313. 30 being:
i. Underpayment of Kshs.5, 716. 50 plus Kshs.5, 733. 00.
ii. Public holidays Kshs.8, 640. 00.
iii. Unpaid house allowance Kshs.17, 244. 00.
iv. Unpaid salary days worked in July 2013 Kshs.5, 700. 00.
v. Unpaid overtime Kshs.62, 640. 00.
vi. Pay in lieu of notice Kshs.9, 000. 00.
vii. 15% basic monthly wage being house allowance Kshs.19, 639. 00.
b. Costs of the suit.
c. Any other relief the Court deems fit to grant.
The statement of defence was filed on 09. 09. 2014 through Kaka Kamau & Company Advocates. The respondent prayed that the claimant’s suit be dismissed with costs.
On 16. 07. 2018 at the hearing of the suit, the parties agreed and a partial judgment by consent was recorded against the respondent for:
a. Underpayment Kshs. 6, 864. 00.
b. Unpaid house allowance Kshs.17, 244. 00.
c. Unpaid July salary 2013 Kshs.5, 700. 00.
d. Total Kshs.38, 448. 00.
e. Parties to make submissions on issue of further under payment and if loan of Kshs.4, 500. 00 is due to the respondent.
The claimant testified and the respondent opted to rely on the documents and pleadings. Parties filed submissions.
The Court makes findings on the residual issues as follows:
1. The claimant testified that he was a member of the Kenya National Private Security Workers Union. The respondent relies on the meeting between the union and the respondent on 30. 07. 2013. The agreement which is not in dispute is that the claimant was to be paid Kshs. 38, 448. 00 less loan of Kshs. 4, 500. 00 so that the net due was Kshs.33, 948. 00. The Court returns that the agreement was binding and the respondent is entitled to recover the amount accordingly.
2. The correspondence between the union and the respondent confirm that the claimant had been absent from duty for 5 days without permission and parties agreed to terminate the employment relationship per the agreement between the union and the respondent. The claimant is bound and is not entitled to any further claims including pay in lieu of notice as was prayed for.
In conclusion, the partial judgment will prevail with orders that the respondent is entitled to recover the Kshs.4, 500. 00 and each party to bear own costs of the suit.
Signed, datedanddeliveredin court atNairobithisFriday 2nd November, 2018.
BYRAM ONGAYA
JUDGE