[2023] KEELRC 2291 (KLR)
The court found that the respondent failed to defend the suit or challenge the claimant's evidence. The claimant's employment was effectively terminated when he was locked out and not reinstated despite paying Kshs.10,000 as demanded by the respondent. The court disregarded the conciliator's report for lack of...
Source-derived case information.
- Citation
- [2023] KEELRC 2291 (KLR)
- Parties
- Applicant: Transport Workers Union; Respondent: Classic Pelican Sacco
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1265 of 2016
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for the claimant
- Judges
- MN Nduma
- Legal Topics
- Terminal Benefits, Unpaid Wages, Service Gratuity, 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
Transport Workers Union
Applicant
Classic Pelican Sacco
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant is entitled to payment of terminal benefits as claimed.
- 2 Whether the respondent unlawfully terminated the claimant's employment or failed to reinstate him after payment of Kshs.10,000.
- 3 Whether the claimant is entitled to a certificate of service and costs of the suit.
Ratio Decidendi
The court found that the respondent failed to defend the suit or challenge the claimant's evidence. The claimant's employment was effectively terminated when he was locked out and not reinstated despite paying Kshs.10,000 as demanded by the respondent. The court disregarded the conciliator's report for lack of credibility and found the claimant entitled to the terminal benefits, unpaid wages, refund, and certificate of service as claimed. Judgment was entered for the claimant in the sum of Kshs.288,100, with interest and costs.
Court Disposition
judgment for the claimant
Orders
- The respondent shall pay the claimant Kshs.288,100 as terminal benefits and other dues.
- The sum awarded shall accrue interest at court rates from the date of judgment until payment in full.
Full Case Text
Judgment text and source record
22 paragraphs
Transport Workers Union v Classic Pelican Sacco (Cause 1265 of 2016) [2023] KEELRC 2291 (KLR) (28 September 2023) (Judgment)
Neutral citation: [2023] KEELRC 2291 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause 1265 of 2016
MN Nduma, J
September 28, 2023
Between
Transport Workers Union
Claimant
and
Classic Pelican Sacco
Respondent
Judgment
1. The suit was filed on 29/6/2016 by the claimant seeking the following reliefs:-(a)Payment of terminal benefits including:-(i)One month notice payment Kshs.9,000. (ii)Unpaid wages for 27 months from March, 2013 to May, 2015 - Kshs.243,000. (iii)15 days wages for June, 2015 -Kshs.4,500. (iv)Payment in lieu of two annual leave days – 12,600. (v)Service gratuity for two years completed service - Kshs.9,000. (vi)Refund of Kshs.10,000 paid to the employer as condition for reinstatement.(vii)Certificate of Service.
2. The suit was not defended. The claimant, C.W.1 relied on witness statement dated 19/4/2016 as his evidence in Chief. He told Court that he was employed by the respondent on 25/1/2012 as a Bus Conductor at a monthly salary of Kshs.7,000 and in addition a daily safari allowance of Kshs.800 while on duty.
3. That the respondent did not pay the consolidated salary of Kshs.7,000 but instead in March, 2013, respondent deconsolidated safari allowance of Kshs.800 to 500 and Kshs.300 to be paid daily at the end of the month at Kshs.9,000. That the respondent did not pay the accumulated salary. That on 15/6/2015, the claimant was locked out of employment on allegations that he did not meet the daily target of Kshs.10,000. The respondent required the claimant to pay Kshs.10,000 before he was re-employed which the claimant did. The respondent has failed and/or neglected to reinstate the claimant to his work. The claimant prays to be awarded as set out in the Statement of Claim in the sum of Kshs.288,100.
4. The claimant reported the dispute to the Union. The Union wrote to the respondent but they have failed to reinstate the claimant nor pay his terminal benefits.
5. A dispute was reported to the Ministry of Labour for Conciliation. The Conciliator made a report dated 16/2/2016 in which he found that the claimant absconded work after collecting Kshs.10,000 and that his employment was not terminated. The Conciliator did not lay any basis for his findings in the report. The Court does not find the report credible and therefore disregards the same.
6. The respondent having failed to defend the suit despite service, the Court enters judgment in favour of the claimant against the respondent as set out in the Statement of Claim and the evidence adduced by the claimant in the sum of Kshs.288,100.
7. The sum of Kshs.288,100 is payable with interest at Court rates from date of judgment till payment in full. The respondent to provide the claimant with a Certificate of Service within 30 days of the judgment. The respondent to pay the costs of the suit.
DATED AND DELIVERED AT NAIROBI (VIRTUALLY) THIS 28TH DAY OF SEPTEMBER, 2023. MATHEWS N. NDUMAJUDGEAppearanceMr. Ndege for claimantEkale: Court Assistant