Labour Officer Vihiga County v Esau Kevolwe [2016] KEELRC 1444 (KLR)
The bottom line
#A Vihiga employer who denied employing a worker was disbelieved and ordered to pay Shs. 91,340 in unpaid wages and costs.
What this practically means
#Executive summary
#Key legal issues
#Whether an employment relationship existed between the Grievant and the Respondent
The court found that the Grievant lived with and worked for the Respondent, and that the Respondent failed to pay his salary as agreed and dismissed him upon delivery of the labour officer's letter
The Respondent's pleadings denied any employment, yet at trial he admitted receiving labour office letters and attending a conciliation meeting, without explaining what was to be resolved at home if there was no employment. The discrepancies between the pleaded defence and his testimony, and the multiplicity of his versions, led the court to disbelieve him. The Grievant's account, corroborated by the labour officer, was consistent and credible.
Whether the Grievant was entitled to the monetary reliefs claimed
The court awarded the full claim of Shs. 71,340.40, being notice pay, two years' annual leave and salary for the months claimed
Having found the employment relationship established and the dismissal proved, the court awarded the sums as particularised in the memorandum of claim: Shs. 5,218 pay in lieu of notice, Shs. 7,305.20 annual leave for two years, and salary of Shs. 56,208.20 for the period July 2012 to June 2013, plus assessed disbursements of Shs. 20,000.
Legal principles established
#- An employment relationship is proved on a balance of probability, and a party who gives multiple inconsistent versions of the same story undermines his own case
Court orders
#- 1.Award of Shs. 71,340.40 to the Grievant as claimed (pay in lieu of notice, annual leave for two years, and salary for the period claimed)
- 2.Payment of disbursements incidental to filing the claim, including filing and service fees and travelling expenses, assessed at Shs. 20,000 all inclusive
- Jurisdiction invoked
- Employment and labour relations dispute referred under the Labour Relations Act following the Labour Officer's efforts at conciliation (Memorandum of Claim filed 21st February 2014)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Labour Officer Vihiga County v Esau Kevolwe [2016] KEELRC 1444 (KLR)", Case Analysis (2016). Cause No. 31 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1444/eng@2016-02-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.