[2020] KEELRC 1287 (KLR)
The court found that the claimant had established, on a balance of probabilities, that he was employed by the respondent and his predecessor from 1983 to 2015 and was not paid terminal benefits upon cessation of employment. The claimant's evidence, including demand letters and a computation by the Ministry of...
Source-derived case information.
- Citation
- [2020] KEELRC 1287 (KLR)
- Parties
- Claimant: Wiliam Ouma Osur; Respondent: Salman Irani
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 350 of 2015
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for the claimant
- Judges
- MN Nduma
- Legal Topics
- Terminal Benefits, Service Pay, Unpaid Leave, Underpayment of Wages, Unpaid Rest Days, Public Holidays Compensation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wiliam Ouma Osur
Claimant
Salman Irani
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant is entitled to terminal benefits upon cessation of employment.
- 2 Whether the respondent failed to pay the claimant for service pay, leave days, underpayments, rest days, and public holidays.
- 3 Whether the claimant proved his claim on a balance of probabilities.
Ratio Decidendi
The court found that the claimant had established, on a balance of probabilities, that he was employed by the respondent and his predecessor from 1983 to 2015 and was not paid terminal benefits upon cessation of employment. The claimant's evidence, including demand letters and a computation by the Ministry of Labour, was unchallenged as the respondent failed to attend or defend the suit at the hearing. The court accepted the global sum claimed for service pay, leave, underpayments, and unpaid rest days and public holidays, and entered judgment for the claimant in the amount of Kshs. 465,147.40, with interest from the date of filing until payment in full, and costs of the suit. The...
Court Disposition
judgment for the claimant
Orders
- The respondent shall pay the claimant Kshs. 465,147.40 as terminal benefits.
- The amount shall accrue interest at court rates from the date of filing suit until payment in full.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU
CAUSE NO. 350 OF 2015
(Before Hon. Justice Mathews N. Nduma)
WILIAM OUMA OSUR.....................CLAIMANT
VERSUS
SALMAN IRANI..........................RESPONDENT
JUDGMENT
1. The suit was filed on 23rd September 2015 by the claimant praying for payment of terminal benefits in the sum of Kshs. 465,147. 40.
2. The claimant testified that he was employed by the respondent as a house keeper/gardener in the year 1983 at a monthly salary of Kshs. 360. That the claimant worked continuously until the year 2015 when he left employment due to sickness. That at the time, the claimant earned Kshs. 6,000 per month
3. The claimant produced the list of documents produced as exhibits ‘1’to ‘8’which include a letter of demand by Ouma, Anyumba and Company Advocates dated 8th June 2015 to the respondent.
4. The claimant testified under oath that he was employed by the father of the respondent Mr. Alzar Irali who died in the year 2012. That he however continued to work for the respondent until the year 2015.
5. That he was not paid terminal benefits when he left employment.
6. The claimants reported the dispute to the Ministry of Labour and the office computed the terminal benefits due and owing to the claimant in the sum of Kshs. 465,147. 50 including service pay for 31 years, payment in lieu of leave days not taken, underpayments for the years of service and unpaid rest days and public holidays. The claimant did not produce before court details of the computation of the claimed amount but demanded a global sum claimed on his behalf by the Ministry of Labour found in exhibits 3, 4 and 8 which are demand letters by the Ministry to the respondent for the specified amount.
7. The respondent filed a defence to the statement of claim on 18th September 2018 but the respondent did not defend the suit at the hearing on 8th October 2019 despite the fact that the hearing date was obtained by the advocate on record for the respondent on 25th February 2019 and the court finds that the claimant has proved on a balance of probabilities that he is owed terminal benefits in the sum of Kshs. 465,147. 40 by the respondent.
8. Accordingly, judgment is entered in favour of the claimant against the respondent in the sum of Kshs. 465,147. 40.
9. The amount is payable with interest at court rates from date of filing suit till payment in full.
10. The respondent to pay costs of the suit.
Judgment Dated, Signed and delivered at Nairobi this 16th day of April, 2020
Mathews N. Nduma
Judge
ORDER
In view of the declaration of measures restricting court of operations due the COVID-19 pandemic and in light of the directions issued by his Lordship, the Chief Justice on 15th March 2020, this judgment has been delivered to the parties online with their consent. They have waived compliance with Order 21 rule 1 of the Civil Procedure Rules which requires that all judgments and rulings be pronounced in open court. In permitting this course, this court has been guided by Article 159(2)(d) of the Constitution which requires the court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 18 of the Civil Procedure Act (chapter 21 of the Laws of Kenya) which impose on this court the duty of the court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.
Mathews N. Nduma
Judge
Appearances
Claimant in person
Chrispo – Court Clerk