[2016] KEELRC 1610 (KLR)
The court found that the Claimants were employed by the Respondents and resigned due to non-payment of their monthly dues. The Respondents, through correspondence, admitted the employment relationship and the existence of salary arrears. The Respondents failed to contest the claims or participate in the proceedings...
Source-derived case information.
- Citation
- [2016] KEELRC 1610 (KLR)
- Parties
- Claimant: Richard Masasi Okwoyo; Claimant: Clifford Masongo Onchaga; Claimant: Charles Matwete Begi; Claimant: Naftal Momanyi Orando; Respondent: Coastech Limited; Respondent: Composol Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 206 of 2014
- Procedural Posture
- Employment Claim / Final Award
- Outcome
- claim allowed in part
- Legal Topics
- Terminal Dues, Salary Arrears, Service Pay, Annual Leave Entitlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Masasi Okwoyo
Claimant
Clifford Masongo Onchaga
Claimant
Charles Matwete Begi
Claimant
Naftal Momanyi Orando
Claimant
Coastech Limited
Respondent
Composol Limited
Respondent
Procedural Posture
Employment Claim / Final Award
Legal Issues
- 1 Whether the Claimants are entitled to terminal dues from the Respondents.
- 2 Whether the Respondents failed to pay salary arrears, service pay, and annual leave pay to the Claimants.
- 3 Whether the Claimants are entitled to damages for the Respondents' failure to pay their dues.
Ratio Decidendi
The court found that the Claimants were employed by the Respondents and resigned due to non-payment of their monthly dues. The Respondents, through correspondence, admitted the employment relationship and the existence of salary arrears. The Respondents failed to contest the claims or participate in the proceedings despite being served. The evidence presented by the Claimants was unchallenged and partially admitted by the Respondents. The court accepted the sums claimed for salary arrears, service pay (amended from severance), annual leave pay, and arrears for casual work as established. The claim for damages was declined as it was not substantiated. The court ordered the Respondents to...
Court Disposition
claim allowed in part
Orders
- The Respondents shall pay the Claimants the total sum of Kshs. 528,500 within 30 days of the award.
- If the principal amount remains unpaid after 30 days, it shall attract interest at 14% per annum from the date of the award.
Full Case Text
Judgment text and source record
52 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NUMBER 206 OF 2014
BETWEEN
1. RICHARD MASASI OKWOYO
2. CLIFFORD MASONGO ONCHAGA
3. CHARLES MATWETE BEGI
4. NAFTAL MOMANYI ORANDO …………...………… CLAIMANTS
VERSUS
1. COASTECH LIMITED
2. COMPOSOL LIMITED ……………………………. RESPONDENT
Rika J
Court Assistant: Benjamin Kombe
Ms. Maina Advocate instructed by Marende Birir & Company Advocates for the Claimants
No appearance for the Respondents
_____________________________
ISSUE IN DISPUTE: TERMINAL DUES AND DAMAGES
AWARD
[Rule 27 [1] [a] of the Industrial Court [Procedure] Rules 2010]
1. The Claimants filed their Statement of Claim, on the 14th April 2014. They state they were initially employed in various capacities by the 1st Respondent Engineering Company, on diverse years. The 2nd Respondent is a successor Employer, having been registered by the Directors of the 1st Respondent in the year 2012. The Claimants all resigned in 2013, after the Employer failed to meet their monthly salaries. They claim:-
A. RICHARD MASASI OKWOYO
Salary arrears…. Kshs. 91,000
Severance……. Kshs. 32,500
Annual leave pay …….. Kshs. 40,000
Total ………….. Kshs. 163,000
B. CLIFFORD MASONGO ONCHAGA
Salary arrears ………Kshs. 70,000
Severance ……………. Kshs. 25,000
Annual leave ………..Kshs. 25,000
Total………… Kshs. 120,000
C. CHARLES MATWETE BEGI
Salary arrears ……….Kshs. 120,000
Severance Kshs…….... Kshs. 7,500
Total ……………….. Kshs. 127,500
D. NAFTAL MOMANYI ORANDO
Salary arrears ……….. Kshs. 105,000
Arrears of casual work done….. Kshs. 13,000
Total ……………….Kshs. 118,000
The Claimants also pray for damages, costs and any other suitable relief.
2. The Respondents were served through substituted service, but did not enter appearance, file any response, or participate in the proceedings. Counsel for the Claimants adopted the Statement of Claim, Witness Statements, Documents and Submissions on record.
The Court Finds:-
3. It is not disputed that the Claimants were all employed by the two Respondent Companies. They left employment on resignation in September 2013, aggrieved by the non-payment of their monthly dues.
4. In response to demand letters issued by the Claimants’ Advocates, the Respondents acknowledged the Claimants were their Employees. The Respondents’ letter in reply concedes also, that the Claimants were owed ‘some salary arrears.’ The Respondents indicated they were in consultation with the Labour Office, and would amicably settle the dispute. There was no settlement, compelling the Claimants to approach the Court.
4. The material provided by the Claimants is unchallenged. The letters from the Respondents partially admit the claims. The Court is satisfied the Claimants have established their claims satisfactorily. The item stated to be severance pay should however read, and is amended to read ‘service pay.’ IT IS ORDERED:-
The Claimants shall be paid by the Respondents the sums particularized in paragraph 1 above.
The total amount of Kshs. 528,500 shall be paid to the Claimants by the Respondents within 30 days of the delivery of this Award.
The claim for damages has not been established and is declined.
The Principal amount to attract an interest rate of 14% p.a. from the date of the delivery of this Award, if the principal amount remains unpaid at the end of the 30 days.
Costs to the Claimants.
Dated and delivered at Mombasa this 4th day of March, 2016
James Rika
Judge