Richard Masasi Okwoyo, Clifford Masongo Onchaga, Charles Matwete Begi & Naftal Momanyi Orando v Coastech Limited & Composol Limited [2016] KEELRC 1610 (KLR)

REPUBLIC OF KENYA

IN THE INDUSTRIAL COURT AT MOMBASA

CAUSE NUMBER 206 OF 2014

BETWEEN

1. RICHARD MASASI OKWOYO

2. CLIFFORD MASONGO ONCHAGA

3. CHARLES MATWETE BEGI

4. NAFTAL MOMANYI ORANDO …………...………… CLAIMANTS

VERSUS

1. COASTECH LIMITED

2. COMPOSOL LIMITED ……………………………. RESPONDENT

Rika J

Court Assistant: Benjamin Kombe

Ms. Maina Advocate instructed by Marende Birir & Company Advocates for the Claimants

No appearance for the Respondents

_____________________________

ISSUE IN DISPUTE: TERMINAL DUES AND DAMAGES

AWARD

[Rule 27 [1] [a] of the Industrial Court [Procedure] Rules 2010]

1.  The Claimants filed their Statement of Claim, on the 14th April 2014. They state they were initially employed in various capacities by the 1st Respondent Engineering Company, on diverse years. The 2nd Respondent is a successor Employer, having been registered by the Directors of the 1st Respondent in the year 2012. The Claimants all resigned in 2013, after the Employer failed to meet their monthly salaries. They claim:-

A.  RICHARD MASASI OKWOYO

Salary arrears…. Kshs. 91,000

Severance……. Kshs. 32,500

Annual leave pay …….. Kshs. 40,000

Total ………….. Kshs. 163,000

B. CLIFFORD MASONGO ONCHAGA

Salary arrears ………Kshs. 70,000

Severance ……………. Kshs. 25,000

Annual leave ………..Kshs. 25,000

Total………… Kshs. 120,000

C. CHARLES MATWETE BEGI

Salary arrears ……….Kshs. 120,000

Severance Kshs…….... Kshs. 7,500

Total ……………….. Kshs. 127,500

D. NAFTAL MOMANYI ORANDO

Salary arrears ……….. Kshs. 105,000

Arrears of casual work done….. Kshs. 13,000

Total ……………….Kshs. 118,000

The Claimants also pray for damages, costs and any other suitable relief.

2. The Respondents were served through substituted service, but did not enter appearance, file any response, or participate in the proceedings. Counsel for the Claimants adopted the Statement of Claim, Witness Statements, Documents and Submissions on record.

The Court Finds:-

3. It is not disputed that the Claimants were all employed by the two Respondent Companies. They left employment on resignation in September 2013, aggrieved by the non-payment of their monthly dues.

4. In response to demand letters issued by the Claimants’ Advocates, the Respondents acknowledged the Claimants were their Employees. The Respondents’ letter in reply concedes also, that the Claimants were owed ‘some salary arrears.’ The Respondents indicated they were in consultation with the Labour Office, and would amicably settle the dispute. There was no settlement, compelling the Claimants to approach the Court.

4. The material provided by the Claimants is unchallenged. The letters from the Respondents partially admit the claims. The Court is satisfied the Claimants have established their claims satisfactorily. The item stated to be severance pay should however read, and is amended to read ‘service pay.’ IT IS ORDERED:-

The Claimants shall be paid by the Respondents the sums particularized in paragraph 1 above.

The total amount of Kshs. 528,500 shall be paid to the Claimants by the Respondents within 30 days of the delivery of this Award.

The claim for damages has not been established and is declined.

The Principal amount to attract an interest rate of 14% p.a. from the date of the delivery of this Award, if the principal amount remains unpaid at the end of the 30 days.

Costs to the Claimants.

Dated and delivered at Mombasa this 4th day of March, 2016

James Rika

Judge