[2014] KEELRC 855 (KLR)
The court found that the respondent, having failed to file a response or attend court, was deemed to have admitted the claimant’s case. The Regulation of Wages (General) (Amendment) Order, 2012 imposed a statutory obligation on the respondent to pay a 13% general wage increment to the claimant’s members for the...
Source-derived case information.
- Citation
- [2014] KEELRC 855 (KLR)
- Parties
- Applicant: Transport Workers Union; Respondent: Rift Petroleum Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 415 of 2013
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for the claimant
- Judges
- B Ongaya
- Legal Topics
- Wage Increment, Collective Bargaining, Statutory Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Transport Workers Union
Applicant
Rift Petroleum Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the respondent is obligated to implement the Regulation of Wages (General) (Amendment) Order, 2012 for the claimant's members.
- 2 Whether the claimant's members are entitled to a 13% general wage increment for the period 1.05.2012 to 30.04.2013.
- 3 Whether the respondent's failure to respond amounts to admission of the claim.
Ratio Decidendi
The court found that the respondent, having failed to file a response or attend court, was deemed to have admitted the claimant’s case. The Regulation of Wages (General) (Amendment) Order, 2012 imposed a statutory obligation on the respondent to pay a 13% general wage increment to the claimant’s members for the specified period. The court held that the claimant was entitled to the reliefs sought, including payment of the wage increment, interest in case of default, and costs of the suit.
Court Disposition
judgment for the claimant
Orders
- The respondent shall implement the Regulation of Wages (General) (Amendment) Order, 2012 by paying a 13% general increment on wages of the claimant’s members for the period 1.05.2012 to 30.04.2013.
- The respondent shall pay the claimant’s members the dues by 1.05.2014, failing which interest at court rates shall accrue from 28.11.2013 until full payment.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA AT NAKURU
CAUSE NO. 415 OF 2013
TRANSPORT WORKERS UNION...............................CLAIMANT
-VERSUS-
RIFT PETROLEUM LIMITED.................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 14th March, 2014)
JUDGMENT
The claimant Transport Workers Union filed the memorandum of claim on 28. 11. 2013. Despite service, the respondent did not enter appearance, file a memorandum of response or attend the court for mention which was last scheduled for 6. 3.2014 for directions on the hearing of the suit. At the mention, the claimant opted to rely on the documents on record and the memorandum of claim. The court therefore directed that the judgment would be delivered accordingly.
The court has perused the memorandum of claim and finds that the main claim and prayer is that the respondent be ordered to implement the Regulation of Wages (General) (Amendment) Order, 2012 namely paying 13% general increment on wages of the claimant’s members in the respondent’s employment for the period 1. 05. 2012 to 30. 04. 2013 being a period of 12 months. The court finds that in absence of a memorandum of response, the respondent is deemed to have admitted the claim and the claimant is entitled to the prayers as made.
In conclusion, judgment is entered for the claimant against the respondent for:
1. The respondent to implement the Regulation of Wages (General) (Amendment) Order, 2012 namely paying 13% general increment on wages of the claimant’s members in the respondent’s employment for the period 1. 05. 2012 to 30. 04. 2013 being a period of 12 months.
2. The respondent to pay the claimant’s members in the respondent’s employment at the material period the dues in order 1 above by 1. 05. 2014, in default, interest at court rates to be payable from the date of the suit (28. 11. 2013) till the date of full payment.
3. The respondent to pay costs of the suit.
Signed, datedanddeliveredin court atNakuruthisFriday, 14th March, 2014.
BYRAM ONGAYA
JUDGE