Nokolai Hunja v Versus Kencall Epz Limited [2013] KEELRC 751 (KLR)
The bottom line
#Kenya's Industrial Court awarded a former Kencall employee Kshs.321,198 in unpaid salary and terminal dues after the company broke its written promise to pay.
What this practically means
#Executive summary
#Key legal issues
#Entitlement to unpaid wages and terminal dues on termination
The claimant was entitled to payment of the admitted salary arrears and terminal dues of Kshs.321,198.00, the respondent having confirmed the debt in writing and dishonoured its undertaking to pay.
The court relied on section 18(5)(a) of the Employment Act, which places on the employer the duty to pay the entire amount of wages earned and allowances due upon termination. The claimant gave sworn, uncontroverted evidence of two periods of employment and non-payment. The respondent's letter of 30 May 2012 admitted a total of Kshs.321,198.00 and committed to payment in five monthly instalments from June 2012, which was never honoured despite service of process on the respondent.
Effect of respondent's non-appearance and written admission
Judgment was entered for the claimant on the basis of the respondent's written admission, the claim being uncontroverted as the respondent filed no appearance or defence and never attended court despite service.
The respondent was served with summons, mention notices and hearing notices, acknowledged receipt, yet filed no appearance or defence and did not attend the hearing. In the absence of any rebuttal, the claimant's sworn evidence and the respondent's written admission in the letter of 30 May 2012 stood unchallenged, justifying entry of judgment in the terms claimed.
Legal principles established
#- Every employee is entitled to be paid his salary for work done, whatever the mode of termination; upon termination it is the employer's duty to ensure all wages and allowances due are paid.
Court orders
#- 1.An award of terminal dues amounting to kshs.321,198.00
- 2.Costs of the suit
- 3.Interest on the award and costs at court rates from the date of filing the claim until payment in full
- Jurisdiction invoked
- Employment and labour relations dispute under the Employment Act (Industrial Court jurisdiction over employment claims)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nokolai Hunja v Versus Kencall Epz Limited [2013] KEELRC 751 (KLR)", Case Analysis (2013). Cause No. 1319 of 2012. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/751/eng@2013-08-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.