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ELRCPartially AllowedCause No 134 of 2014· [2019] KEELRC 2521 (KLR)

Raphael Muritu Kungu v Management Board of Pcea Kariobangi t/a Dayspring Junior School [2019] KEELRC 2521 (KLR)

Employment and Labour Relations Court
25 January 2019
RSRadido Stephen
780 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan school was ordered to pay a former cleaner Kshs 255,428 for unpaid overtime because it could not prove workers were compensated with days off.

What this practically means

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Executive summary

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The Claimant was employed by the Respondent, a school managed by PCEA Kariobangi South Church, as a Cleaner from April 2011. He gave notice of retirement on medical grounds effective 1 August 2013, which the Respondent accepted with payment of salary to July 2013, leave allowance and accrued leave. He then claimed overtime for guarding duties and sued in February 2014 for breach of contract/statute. The Respondent admitted leave allowance of Kshs 500/- and 19 accrued leave days (Kshs 6,588/-), and contended that all overtime was compensated with off days during school holidays. The Court found the Occurrence Books and authorised Overtime Sheets established that the Claimant worked beyond his contracted cleaning duties. Although off days in lieu of overtime is an accepted industrial practice, the Respondent gave no explanation for the unapproved Overtime Sheets, produced no written agreement on off-day compensation and no schedule of off days granted. The Court therefore held the Claimant was not compensated for overtime. He was awarded Kshs 6,588/- for accrued leave, Kshs 500/- leave allowance and Kshs 218,340/- overtime, totalling Kshs 255,428/-. Each party was ordered to bear its own costs. Judgment delivered in Nairobi on 25 January 2019 by Radido Stephen, Judge.

Key legal issues

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01

Leave allowance

Holding

Awarded at the admitted sum of Kshs 500/- despite the Personnel Manual making no provision for leave allowance

Reasoning

The Respondent's Personnel Manual made no provision for leave allowance, but the Respondent admitted owing Kshs 500/-. The Claimant asserted Kshs 520/-. The Court granted the admitted sum as the Claimant did not establish the higher figure.

p. 1
02

Accrued leave

Holding

Awarded at Kshs 6,588/-, the Respondent's own more generous computation of 19 leave days, rather than the Claimant's 28 days/Kshs 5,040/-

Reasoning

The parties disputed the number of accrued leave days: the Claimant claimed 28 days (Kshs 5,040/-) while the Respondent admitted 19 days (Kshs 6,588/-). The Court adopted the higher monetary figure as offered by the Respondent, which was more generous to the Claimant.

p. 2
03

Overtime pay

Holding

Claimant proved unpaid overtime of Kshs 218,340/-; the defence of compensation through off days during school holidays failed for want of evidence

Reasoning

The Occurrence Books and authorised Overtime Sheets showed the Claimant performed guarding duties beyond his cleaning contract. The Respondent asserted off days during school holidays compensated the overtime, but produced no written agreement, no explanation for the unapproved authorised sheets, and no schedule of off days granted. The defence therefore failed and the claimed overtime was awarded.

p. 2

Legal principles established

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  • The granting of off days in lieu of payment of overtime is an accepted practice in industry, but an employer asserting it must prove the arrangement and the off days actually granted

Court orders

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  1. 1.Award of Kshs 6,588/- for accrued leave
  2. 2.Award of Kshs 500/- for leave allowance
  3. 3.Award of Kshs 218,340/- for overtime pay (total award Kshs 255,428/-)
  4. 4.Each party to bear own costs
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment claims (specific statutory provision not cited in judgment)

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, "Raphael Muritu Kungu v Management Board of Pcea Kariobangi t/a Dayspring Junior School [2019] KEELRC 2521 (KLR)", Case Analysis (2019). Cause No 134 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/2521/eng@2019-01-25

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