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ELRCDismissedNot stated in judgment (Memorandum of Claim filed 7th August 2015)· [2020] KEELRC 894 (KLR)

Margaret Waithira Njuguna v Nas Airport Services Limited [2020] KEELRC 894 (KLR)

Employment and Labour Relations Court
12 June 2020
MOMaureen Onyango
1,145 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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The claimant, employed by the respondent from January 1996, resigned on 7th August 2012 and received her terminal dues on 22nd November 2015. She filed a Memorandum of Claim on 7th August 2015 seeking Kshs.87,415 being accumulated overtime for the period 2009 to 31st July 2012, plus costs. The respondent admitted the employment but denied liability, asserting the claimant was engaged as a Restaurant Waitress Grade 3, that overtime was payable only upon submission of approved overtime claim forms, and that the claimant had been paid her overtime for 2008/2009 together with all terminal dues, making the claim an afterthought. At the hearing on 6th November 2019 the claimant testified and confirmed on cross-examination that she had the overtime claim forms but did not submit them for approval, and that she received overtime payment for 2008/2009 with her terminal dues. The respondent's Assistant Human Resource Manager testified that overtime of 183 hours was consolidated with terminal dues. Only the claimant filed submissions, citing Wycliffe Okoth & Another v H. Young Company Limited (2019) eKLR. The court framed a single issue: whether the claimant was entitled to the remedies sought. Holding that the separation was by mutual agreement and the claimant had opportunity to present all claims, that her overtime claim was tabulated at Kshs.61,764.60 and paid, and that acceptance of terminal dues of Kshs.464,039.60 estopped further claims, the court dismissed the claim in its entirety and ordered each party to bear its own costs. Judgment was delivered remotely on 12th June 2020 pursuant to COVID-19 directions.

Key legal issues

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01

Whether the claimant proved entitlement to unpaid overtime for 2009 to 31st July 2012

Holding

The claim failed; the overtime claimed was paid with terminal dues and acceptance of that payment estops further claims

Reasoning

The claimant's separation was by mutual agreement, giving her the opportunity to present all claims prior to separation. She did make an overtime claim which was tabulated at Kshs.61,764.60 and duly paid. She also accepted terminal dues totalling Kshs.464,039.60 as evidenced in the respondent's documents. Having accepted payment, she was estopped from claiming any further terminal dues. On cross-examination she confirmed receiving overtime payment for 2008/2009 together with her terminal dues. The claim was accordingly dismissed with no order as to costs.

p. 2

Legal principles established

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  • An employee who accepts payment of terminal dues upon mutually agreed separation is estopped from claiming further terminal dues

Court orders

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  1. 1.The Claim is dismissed in its entirety
  2. 2.Each party shall bear its own costs

Authorities

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Legislation

  • Civil Procedure RulesOrder 21 Rule 1
  • Constitution of KenyaArticle 159(2)(d)
  • Constitution of KenyaArticle 48
  • Civil Procedure ActSection 1B

Cases cited (1)

  • Wycliffe Okoth & Another v H. Young Company Limited
    (2019) eKLR
Jurisdiction invoked
Original employment and labour relations jurisdiction of the Employment and Labour Relations Court; Article 159(2)(d) and Article 48 of the Constitution cited in the delivery order

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, "Margaret Waithira Njuguna v Nas Airport Services Limited [2020] KEELRC 894 (KLR)", Case Analysis (2020). Not stated in judgment (Memorandum of Claim filed 7th August 2015). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/894/eng@2020-06-12

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