[2014] KEELRC 100 (KLR)

[2014] KEELRC 100 (KLR)

The Court found that the Respondent had complied with its earlier Judgment by filing the required computations of underpayments due to the Claimant. Upon review, the Court was satisfied that the computations were accurate and in accordance with the Judgment. The Court therefore ordered the Respondent to pay the...

Source-derived case information.

Citation
[2014] KEELRC 100 (KLR)
Parties
Claimant: Rashid Katite Mtava; Respondent: Ghanysham Builders Limited
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Mombasa
Jurisdiction
Kenya
Case Number
Cause 35 of 2013
Procedural Posture
Employment and Labour Cause / Post Judgment Ruling on Computation and Payment of Underpayments
Outcome
Claim allowed to the extent of the computed underpayment; matter marked as closed upon payment.
Judges
J Rika
Legal Topics
Wage Underpayment, Judgment Enforcement, Settlement of Claims
Source Language
en
Employment and Labour Wage Underpayment Judgment Enforcement Settlement of Claims

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Summary, issues, holding and outcome

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Parties

Rashid Katite Mtava

Claimant

Ghanysham Builders Limited

Respondent

Procedural Posture

Employment and Labour Cause / Post Judgment Ruling on Computation and Payment of Underpayments

Legal Issues

  1. 1 Whether the Respondent's computation of underpayments due to the Claimant complies with the Judgment.
  2. 2 Whether the Respondent should pay the computed sum to the Claimant in full and final settlement.

Ratio Decidendi

The Court found that the Respondent had complied with its earlier Judgment by filing the required computations of underpayments due to the Claimant. Upon review, the Court was satisfied that the computations were accurate and in accordance with the Judgment. The Court therefore ordered the Respondent to pay the specified sum to the Claimant in full and final settlement of the claim, with clear directions on the mode and timeline of payment. The matter was to be marked as closed upon such payment, thereby bringing finality to the dispute.

Court Disposition

Claim allowed to the extent of the computed underpayment; matter marked as closed upon payment.

Orders

  • The Respondent shall pay to the Claimant the sum of Kshs.21,579/- in full and final settlement of the Claim.
  • This sum be paid to the Claimant in person within 7 days of this Ruling, or be deposited in Court within 14 days of the Ruling in event the Claimant cannot be traced.