Erickson Matunda Omoyo v Gajipara Builders Limited [2017] KEELRC 1932 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAKURU

CAUSE NO. 207 OF 2015

ERICKSON MATUNDA OMOYO                            CLAIMANT

v

GAJIPARA BUILDERS LIMITED                      RESPONDENT

JUDGMENT

1. The Claimant in the instant Cause contends that the Respondent unfairly terminated his employment in July 2014. He also asserts that he was underpaid.

2. Despite being served with Notice of Summons and the Memorandum of Claim, the Respondent only filed a Memorandum of Appearance but not a Response.

3. During the hearing on 3 November 2016, the Respondent’s advocate on record was allowed to cross examine the Claimant. Written submissions were filed and have been considered.

4. The Claimant’s testimony that he was dismissed on 7 July 2014 without being given the reasons and payment of terminal benefits remain uncontroverted.

5. The Court therefore finds that there was unfair termination of employment.

6. Also uncontroverted is the evidence that he did not take annual leave or get overtime pay for work beyond the hours or during public holidays.

7. Because the Claimant served for 2 years, the Court will award the equivalent of 3 months gross wages as compensation.

Conclusion and Orders

8. The Court finds and holds that the Claimant has proved his case on a balance of probabilities and, therefore was unfairly dismissed from employment and merits the prayers sought.

9. The Court awards the Claimant

(i) Underpayments                          Kshs 47,980/-

(ii) Pay in lieu of Notice                   Kshs 12,823/20

(iii) Annual leave                             Kshs 14,938/25

(iv) Overtime                                   Kshs   43,894/80

(v)  Gratuity                                    Kshs   14,796/-

(vi)  Compensation                         Kshs    38,469/-

TOTAL                                        Kshs 172,901/25

10. Claimant is denied costs for failing to serve submissions within the directed timeline.

Delivered, dated and signed in Nakuru on this 20th day of January 2017.

Radido Stephen

Judge

Appearances

For Claimant               Mr. Chege instructed by Munene Chege & Co. Advocates

For Respondent         Ms. Muthoni instructed by Karanja-Mbugua & Co. Advocates

Court Assistants        Nixon/Daisy