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ELRCPartially AllowedCivil Suit Number 176 of 2007 (transferred)· [2018] KEELRC 450 (KLR)

Mwatha Mulwa v Leena Apparels Limited [2018] KEELRC 450 (KLR)

Employment and Labour Relations Court
21 December 2018
JRJames Rika
710 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan employee who rejected a Labour Office payment recommendation and sued for more recovered only the original Kshs. 2,373 because she produced no evidence.

What this practically means

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Executive summary

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The Claimant was employed by the Respondent as a Checker Q.C. from November 1997 until her summary dismissal on 4th July 2006, earning a last salary of Kshs. 6,500 per month. She sued for three months' salary in lieu of notice, leave pay, holiday pay and off-days for eight years, two days' salary for July 2006, costs and interest. The Respondent contended that the dispute had been reported to and investigated by the Labour Office, Mombasa, which on 24th August 2006 recommended terminal dues of Kshs. 2,373 comprising pro-rata leave, two days worked and underpayment of wages for May and June 2006; the Claimant declined the amount. The case, originally filed in the Resident Magistrate's Court at Mombasa as Civil Suit Number 176 of 2007, was transferred to the ELRC and, being an old matter, was directed to be determined under Rule 21 of the ELRC (Procedure) Rules 2016 on written submissions, though none were filed. The Court found that the Claimant failed to demonstrate entitlement to notice pay, leave, holiday pay or off-days, and that her prayers were not based on any contract exhibited. Holding that the Labour Office recommendation should stand absent evidence compelling departure, the Court adopted it as its judgment, ordering the Respondent to pay Kshs. 2,373 as terminal benefits, with interest at 14% per annum from the date of judgment, and made no order on costs.

Key legal issues

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01

Effect of the Labour Office recommendation on the claim

Holding

The recommendation of Kshs. 2,373 was adopted as the judgment of the Court

Reasoning

The Labour Office investigated the dispute, heard both parties' representations and recommended payment of Kshs. 2,373 as terminal dues. The Claimant filed suit instead of accepting the recommendation but led no evidence of a contract supporting her broader claims and gave no reasons for disagreeing with the recommendation. The Court therefore adopted the recommendation as its judgment.

p. 2

Legal principles established

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  • Where a dispute has been investigated by the Labour Office and a recommendation made, absent evidence compelling departure, the recommendation should be adopted as the judgment of the Court

Court orders

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  1. 1.The Respondent shall pay to the Claimant terminal benefits at Kshs. 2,373, as recommended by the Labour Office on 24th August 2006
  2. 2.No order on the costs
  3. 3.Interest allowed at 14% per annum from the date of Judgment
Jurisdiction invoked
Transferred from the Resident Magistrate's Court at Mombasa pursuant to an order of the Court; determined under Rule 21 of the Employment and Labour Relations Court [Procedure] Rules 2016

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, "Mwatha Mulwa v Leena Apparels Limited [2018] KEELRC 450 (KLR)", Case Analysis (2018). Civil Suit Number 176 of 2007 (transferred). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/450/eng@2018-12-21

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