Florence Oloo v G4s Security (K) Limited [2018] KEELRC 489 (KLR)
The bottom line
#A security guard who resigned due to ill-health won her gratuity because her employer couldn't produce the resignation letter it admitted receiving.
What this practically means
#Executive summary
#Key legal issues
#Whether the claimant's resignation was on account of certified ill-health so as to entitle her to gratuity under Regulation 10 of the Regulation of Wages (Protective Security Services) Order, 1998
The court found on a balance of probability that the claimant resigned on account of ill-health, which the respondent knew, and awarded her the gratuity of Kshs.59,031.00 claimed
The claimant testified she resigned due to ill-health involving loss of her voice, that her manager advised her to resign with a promise of resuming duty, and that she was later locked out. The employer admitted receiving her resignation letter citing ill-health but failed to file or exhibit it. On a balance of probability the claimant established her case and was entitled to gratuity under Regulation 10(1) notwithstanding Regulation 10(2).
Whether the claimant was entitled to payment for public holidays worked
The claim failed because the payslips showed the overtime was paid monthly
The respondent's evidence that overtime was paid monthly was corroborated by the pay slips, and the claimant offered no contrary evidence, so the claim for public holidays worked and not paid was rejected.
Whether the claimant was entitled to leave pay for 9 months
The claim failed for want of evidence on the computation of leave days, the respondent having shown leave had been taken
The respondent exhibited evidence that the claimant had taken leave, and the claimant gave no evidence on how the claimed leave days were computed, so the prayer was not justified and failed.
Whether the claimant was entitled to a certificate of service
Yes, as prayed for, per section 51 of the Employment Act
Section 51 of the Employment Act obliges an employer to issue a certificate of service, and the court found the claimant entitled to it as prayed.
Legal principles established
#- An employee who resigns on account of certified ill-health remains entitled to gratuity under Regulation 10 of the Regulation of Wages (Protective Security Services) Order, 1998
- Where a party fails to produce a document it received, the court may draw an adverse inference against it on a balance of probability
Court orders
#- 1.The respondent to pay the claimant a sum of Kshs.59,031.00 by 31.12.2018 failing interest to be payable thereon from the last day at work 17.06.2015 until full payment
- 2.The respondent to deliver to the claimant a certificate of service by 31.12.2018
- 3.The respondent to pay the claimant's costs of the suit
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act (section 51 cited)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Florence Oloo v G4s Security (K) Limited [2018] KEELRC 489 (KLR)", Case Analysis (2018). Cause No 2257 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/489/eng@2018-11-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.