[2015] KEELRC 819 (KLR)
The court found that the claimant had provided unchallenged documentary evidence of unpaid salary arrears and was entitled to service pay under section 35(5) of the Employment Act, 2007. The respondent failed to adduce any evidence or submissions to counter the claimant's case. Accordingly, the court awarded the...
Source-derived case information.
- Citation
- [2015] KEELRC 819 (KLR)
- Parties
- Claimant: Zablon Gichuhi Njuguna; Respondent: Elite Earth Movers
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 78 of 2013
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for the claimant
- Judges
- B Ongaya
- Legal Topics
- Salary Arrears, Service Pay, Employment Contracts, Termination of Employment
- 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
Zablon Gichuhi Njuguna
Claimant
Elite Earth Movers
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant is entitled to unpaid salary arrears as claimed.
- 2 Whether the claimant is entitled to service pay under the Employment Act, 2007.
Ratio Decidendi
The court found that the claimant had provided unchallenged documentary evidence of unpaid salary arrears and was entitled to service pay under section 35(5) of the Employment Act, 2007. The respondent failed to adduce any evidence or submissions to counter the claimant's case. Accordingly, the court awarded the full amount claimed for salary arrears and service pay, holding that the claimant was justified in his claims and that there was no material on record to find the claims inimical.
Court Disposition
judgment for the claimant
Orders
- The respondent to pay the claimant Kshs. 463,344.31 by 1.09.2015, failing which interest at court rates to be paid from 19.06.2014 until full payment.
- The respondent to pay costs of the suit.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT NYERI
CAUSE NO. 78 OF 2014
ZABLON GICHUHI NJUGUNA................................ CLAIMANT
VERSUS
ELITE EARTH MOVERS....................................... RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 3rd July, 2015)
JUDGMENT
The claimant filed the statement of claim on 19. 06. 2014 through King’ori & Company Advocates. The claimant prayed for judgment against the respondent for Kshs. 463, 344. 31 being salary arrears Kshs. 328, 461. 54 and service pay for 3 years Kshs. 134, 882. 77.
The respondent filed the memorandum of response on 15. 09. 2014 through Amolo & Gachoka Advocates. The respondent prayed that the claimant’s claim be dismissed with costs.
The parties agreed to rely on the pleadings and the documents on record without calling witnesses. For each party final written submission was to be filed. The claimant filed the submissions but the respondent failed to file.
The only issue for determination is whether the claimant is entitled to the remedies as prayed for.
The claimant filed the affidavit sworn on 26. 09. 2014 exhibiting the relevant employment contract and the salary statement which showed that as at 19. 08. 2011 he was owed Kshs. 328, 461. 00 in unpaid salaries. The respondent did not establish any opposition to that evidence and the court finds that the claimant is entitled to that money in unpaid salaries.
The claimant has prayed for the service pay as the reasonable pay under the Employment Act, 2007. Section 35(5) of the Act entitled the claimant to service pay following the termination of the contract and the court finds that in absence of material on record to find the claim inimical, the claimant is justified as claimed and the same is awarded.
In conclusion judgment is entered for the claimant against the respondent for:
The respondent to pay the claimant a sum of Kshs. 463, 344. 31 by 1. 09. 2015 failing interest at court rates to be paid thereon from the date of the suit 19. 06. 2014 till full payment.
The respondent to pay costs of the suit.
Signed, datedanddeliveredin court atNyerithisFriday, 3rd July, 2015.
BYRAM ONGAYA
JUDGE