[2019] KEELRC 1566 (KLR)
The court found that the claimant had established, on a balance of probabilities, that she was employed by the respondents under a fixed-term contract, performed her duties for six months, and was not paid the agreed salary. The respondents failed to participate in the proceedings or challenge the claimant's...
Source-derived case information.
- Citation
- [2019] KEELRC 1566 (KLR)
- Parties
- Claimant: Tessie Omullo; Respondent: John Ambayo; Respondent: Greyfos Consulting Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 941 of 2017
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Judgment for the claimant against the respondents jointly and severally.
- Judges
- B Ongaya
- Legal Topics
- Unpaid Wages, Fixed Term Contracts, Certificate of Service
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Tessie Omullo
Claimant
John Ambayo
Respondent
Greyfos Consulting Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was employed by the respondents under a fixed-term contract.
- 2 Whether the claimant worked for the agreed period and was not paid the agreed salary.
- 3 Whether the claimant is entitled to payment of salary, certificate of service, costs, and interest.
Ratio Decidendi
The court found that the claimant had established, on a balance of probabilities, that she was employed by the respondents under a fixed-term contract, performed her duties for six months, and was not paid the agreed salary. The respondents failed to participate in the proceedings or challenge the claimant's evidence. Consequently, the court awarded the claimant the unpaid salary of Kshs. 120,000, ordered the respondents to issue a certificate of service, and granted costs of the suit. The judgment was entered jointly and severally against the respondents.
Court Disposition
Judgment for the claimant against the respondents jointly and severally.
Orders
- Respondents to pay the claimant Kshs. 120,000 by 01.07.2019, failing which interest accrues at court rates from the date of filing until full payment.
- Respondents to deliver the claimant's certificate of service per section 51 of the Employment Act by 15.06.2019.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT NAIROBI
CAUSE NO. 941 OF 2017
TESSIE OMULLO...........................................................CLAIMANT
VERSUS
JOHN AMBAYO ................................................3RD RESPONDENT
GREYFOS CONSULTING LIMITED.............2ND RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 24th May, 2019)
JUDGMENT
The claimant filed the memorandum of claim on 18. 05. 2017 through Prof. Kiama Wangai & Company Advocates. The claimant prayed for judgment against the respondent for:
a) General damages.
b) Certificate of service.
c) Terminal dues.
d) Cost of the suit.
e) Interest on (a) above.
f) Any other relief that the Honourable Court deems fit to grant.
Despite service the respondent failed to enter appearance or to file a defence or to at the hearing.
The claimant testified that by a contract of service entered into on 19. 02. 2016 the respondent employed the claimant on a fixed term of 6 months at Kshs. 20, 000. 00 per month. Her duty was to offer advice to the respondents as a social media and public relations manager. The 1st respondent was the chief executive officer of the 2nd respondent and he assigned the claimant to commence work on 18. 12. 2015. The claimant relied on the contract of service dated 19. 02. 2016. She testified that she worked for the agreed 6 months but she was not paid the agreed salary hence the present suit. Thus she claimed Kshs.120, 000. 00.
The Court has considered the pleadings and the evidence and returns that on a balance of probability the claimant has established that she worked for 6 months and she was not paid. She is awarded as claimed and prayed for.
In conclusion judgment is hereby entered for the claimant against the respondents jointly and severally for:
a) Payment of Kshs. 120, 000. 00 by 01. 07. 2019 failing the respondent to pay interest thereon at Court rates from the date of filing the suit till full payment.
b) The respondent to deliver the claimant’s certificate of service per section 51 of the Act not later than 15. 06. 2019.
c) The respondent to pay the claimant’s costs of the suit.
Signed, dated and delivered in court at Nairobi this Friday 24th May, 2019.
BYRAM ONGAYA
JUDGE