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ELRCPartially AllowedCause No. 1741 of 2011· [2016] KEELRC 1097 (KLR)

Kenya Union of Domestic Hotels Educational Institutions, Hospitals and Allied Workers (KUDHEIHA) v Thika Sports Club [2016] KEELRC 1097 (KLR)

Employment and Labour Relations Court
9 June 2016
HWHellen S. Wasilwa
641 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan club that calculated its worker's terminal dues but paid only part was ordered to pay the balance, with costs and interest.

What this practically means

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Executive summary

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The Claimant union, on behalf of its Grievant Anthony Gachoki, filed a Memorandum of Claim on 19.10.2011 seeking unpaid terminal benefits following the Grievant's resignation on 25/12/2009 from employment as a bar waiter with the Respondent, Thika Sports Club, employed from 1.12.2003 at a monthly salary of Kshs. 5,363/-. The claim covered service pay, salary arrears for 2009 and 2010, housing allowance, notice pay, long service award, annual leave, travelling allowance, public holidays and late night transport, totalling Kshs. 398,953.40, less Kshs. 204,890.00 already paid, leaving a claim of Kshs. 194,063.40. The Respondent denied liability, contending the Grievant was fully paid and had signed a discharge. The matter was referred to a Conciliator, whose report of 28.11.2012 found the Respondent had itself tabulated dues of Kshs. 373,358.00, paid Kshs. 204,890.00, and that the Grievant had signed a document confirming he would claim the balance. The Conciliator recommended payment of the balance of Kshs. 168,468.00. The Court adopted the Conciliator's findings, holding that the Respondent's own tabulation and part payment admitted the debt. Judgment was entered for the Claimant in Kshs. 168,468.00, with costs of the suit and interest from the date of judgment. The claim therefore partially succeeded, the award being less than the full amount claimed.

Key legal issues

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01

Whether acceptance of a part-payment of terminal dues discharged the employer

Holding

The Court held it did not; the payment of Kshs. 204,890/- was a part payment of a larger tabulated amount of Kshs. 373,358/-, leaving a balance of Kshs. 168,468/- payable

Reasoning

Relying on the Conciliator's report, the Court noted the Respondent itself tabulated dues of Kshs. 373,358/- and paid Kshs. 204,890/-. The Grievant's signed acknowledgment confirmed he would claim the balance. The employer's failure to attend conciliation meant the tabulation stood unchallenged, so judgment was entered for the balance.

p. 2

Legal principles established

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  • Where an employer on its own tabulates and pays terminal dues, the remaining balance of its own computation is payable to the employee

Court orders

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  1. 1.Judgment entered for the Grievant/Claimant in the sum of Kshs. 168,468/-
  2. 2.Costs of the suit awarded to the Claimant
  3. 3.Interest on the awarded amount from the date of judgment
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act and Labour Relations Act (Cause referred under ELRC procedure)

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, "Kenya Union of Domestic Hotels Educational Institutions, Hospitals and Allied Workers (KUDHEIHA) v Thika Sports Club [2016] KEELRC 1097 (KLR)", Case Analysis (2016). Cause No. 1741 of 2011. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1097/eng@2016-06-09

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