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ELRCDismissedNot stated in judgment· [2015] KEELRC 425 (KLR)

Charles Munyua v Marie Stopes Kenya [2015] KEELRC 425 (KLR)

Industrial Court of Kenya (Employment and Labour Relations Court)
21 September 2015
NMNzioki wa Makau
1,006 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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The Claimant/Applicant moved the Industrial Court by Notice of Motion dated 19th May 2015 seeking payment of Kshs. 893,984.72 (elsewhere stated as Kshs. 892,948.72) said to be admitted terminal dues, or alternatively deposit of the funds into Court, invoking Section 12 of the Industrial Court Act 2011. The Claimant, employed from 1st March 1980, sought early retirement by letter dated 3rd April 2014; email correspondence with the Director of HR included an Excel worksheet tabulating the sums payable, including service pay at 15 days per year worked. Counsel argued the tabulation amounted to an admission and that its non-payment was discriminatory. The Respondent, through a Replying Affidavit of Dennis Radak, denied any admission, explaining that the figures were produced in response to a rejected early-retirement request; that upon the Claimant's resignation in December 2014 the final dues, less statutory deductions and amounts owed, were transferred to service a staff loan under an irrevocable deduction instruction. The court reviewed the emails and tabulation and held there was no express and unequivocal admission of the sum; a calculation of sums that may be payable is not an admission, and the emails indicated the calculation was done pending resolution of the Claimant's status before his notice of 17th December 2014 was accepted. The application was dismissed with costs to the Respondent.

Key legal issues

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01

Whether a tabulation of terminal dues constitutes an admission of indebtedness

Holding

It does not. A calculation of sums that may be payable, done pending resolution of the Claimant's status, falls short of an express and unequivocal admission required under Section 12 of the Industrial Court Act 2011.

Reasoning

The court examined the emails of 28th July 2014 and 9th May 2014 and the tabulation of sums payable attached to the application. It found the figures arose from the Claimant's rejected early-retirement request, the emails suggested the resignation had not been accepted and the calculation was pending resolution of the Claimant's status, and the Respondent's later letter on acceptance of the resignation made no admission of the sums, specifying only notice pay and leave days.

p. 3

Legal principles established

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  • To benefit from Section 12 of the Industrial Court Act 2011 (payment of admitted sums), the admission must be express and unequivocal; a mere calculation of sums that may be payable is not an admission

Court orders

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  1. 1.The Claimant/Applicant's Notice of Motion application dated 19th May 2015 is dismissed with costs to the Respondent

Authorities

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Legislation

  • Industrial Court ActSection 12
Jurisdiction invoked
Section 12 of the Industrial Court Act 2011 (admitted sums)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Charles Munyua v Marie Stopes Kenya [2015] KEELRC 425 (KLR)", Case Analysis (2015). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/425/eng@2015-09-21

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.