Kadima Linet Kasandi v Nakuru Industries Limited [2014] KEELRC 1350 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Underpayment
The deceased was underpaid and the claimant is entitled to Kshs. 221,445.00 as prayed
The deceased had complained in writing on 3.06.2008 that for over 9 years he earned Kshs. 8,000.00 while staff in similar or lower positions earned Kshs. 18,000.00 to Kshs. 22,000.00. The respondent responded only by raising his salary to Kshs. 10,000.00. The respondent's own witness confirmed the deceased was a senior officer higher than the grade of Artisan I on which the claimant pegged the underpayment, so the claim succeeded in full.
Overtime
The claim for overtime of Kshs. 2,004,680.00 fails
The appointment letter required the deceased to be vigilant throughout 24 hours and he accepted to work long hours without complaint, thereby condoning them. The parties never agreed on overtime or the periods for overtime, and the measure of the overtime claimed was not established. The prayer accordingly failed.
Public holiday pay
The claim for Kshs. 40,311.55 for work on public holidays fails as time barred
Although the claimant established that the deceased reported on duty on certain public holidays such as 1.06.2001, 19.10.2001 and 12.12.2001 without pay, the cause of action in respect of those holidays was caught by the limitation period under section 90 of the Employment Act, 2007, given the claim was filed in 2013.
Gratuity payment arrears
The claimant is entitled to Kshs. 32,690.80 as prayed
The claim was justified on the basis that the gratuity ought to have been computed on a salary of Kshs. 16,109.00 rather than Kshs. 10,100.00. Since the court had already found that the deceased was indeed underpaid, the claimant was entitled to the arrears as prayed. The admitted debt of Kshs. 69,401.30 owed to the respondent was set off in the final orders.
Legal principles established
#- An employee who agrees to remain vigilant throughout 24 hours and condones long working hours without complaint cannot later claim unagreed overtime
- Claims for payment for work on public holidays are subject to the limitation period in section 90 of the Employment Act, 2007
Court orders
#- 1.The respondent to pay the claimant Kshs. 184,734.50 plus interest at court rates from the date of filing the suit to the date of judgment
- 2.The respondent to pay the money in (1) by 1.12.2014, failing which interest at court rates shall be payable thereon from the date of the judgment till full payment
- 3.The respondent to pay costs of the suit
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (first-instance employment claim)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kadima Linet Kasandi v Nakuru Industries Limited [2014] KEELRC 1350 (KLR)", Case Analysis (2014). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/1350/eng@2014-10-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.