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ELRCPartially AllowedNot stated in the judgment· [2020] KEELRC 1359 (KLR)

Ben Obonyo Oros v V.N.M Construction Company Limited [2020] KEELRC 1359 (KLR)

Employment and Labour Relations Court
12 March 2020
1,292 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court enforced a Kshs. 86,320 terminal dues settlement agreed at the Labour Office, punishing the employer for ignoring it.

What this practically means

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Executive summary

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The Claimant, who initially acted in person, sued the Respondent claiming one month's salary in lieu of notice, public holiday pay, annual leave, and damages for illegal termination, totalling Kshs. 258,800, plus costs and interest. He alleged he was employed as a Security Officer from March 2010 and that his contract was terminated without notice or hearing. The Respondent denied an employment relationship, contending the Claimant was at most a casual employee engaged for the duration of a renovation project, and sought dismissal of the claim with costs. The Court found the dispute was reported to the Labour Office on 6th January 2017, with correspondence predating the pleaded termination date of 3rd March 2017, which the Court concluded was actually the deadline for payment agreed at the Labour Office. A Labour Officer's letter of 16th February 2017 recorded an agreement, in which the Respondent's advocate Mr. Matheka participated, for payment of terminal dues totalling Kshs. 86,320 for six years' service. The Respondent did not dispute the letter's authenticity, did not call its advocate or Vinaram Mulji, and did not cross-examine the Labour Officer. The Court found the Claimant was a regular employee of six years and that the Labour Office agreement should have been honoured. The alternative prayers in the claim were expunged. The Court ordered payment of Kshs. 86,320, interest at 16% per annum from 16th February 2017 until payment in full, and costs to the Claimant.

Key legal issues

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01

Nature of employment - casual or regular employee

Holding

The Claimant was a regular employee who worked for 6 years, not a casual employee

Reasoning

The Respondent's own witness confirmed the Claimant worked as a Security Guard but claimed only a few months' casual engagement without documentation. The Labour Office letter, unchallenged by the Respondent, recorded 6 years' service and terminal dues agreed on that basis. The Respondent's failure to produce records, call its advocate Matheka or cross-examine the Labour Officer weighed against it.

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02

Effect of the Labour Office agreement

Holding

The agreement at the Labour Office for Kshs. 86,320 in terminal dues was binding and should have been honoured

Reasoning

The Labour Officer's letter of 16th February 2017 recorded the agreement and named the Respondent's advocate Mr. Matheka as participating. The Respondent did not dispute the letter's authenticity, did not call Matheka or Vinaram Mulji, and did not cross-examine the Labour Officer. The Court found the Labour Office investigated the facts and made the conclusions in the letter.

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03

Date of termination

Holding

The termination took place in January 2017, not 3rd March 2017 as pleaded

Reasoning

The Claimant reported the dispute to the Labour Office on 6th January 2017 and the Labour Office's correspondence preceded 3rd March 2017, making termination on 3rd March 2017 improbable. 3rd March 2017 was in fact the deadline for payment agreed at the Labour Office, which the Claimant confused for the termination date.

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Legal principles established

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  • Where a party's advocate participated in a Labour Office conciliation and the party does not call that advocate or otherwise dispute the letter recording the agreement, the court will conclude the Labour Office investigated the facts and the agreement binds the parties.
  • Documented correspondence dates can displace a party's assertion of the date of termination.

Court orders

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  1. 1.The Respondent shall pay to the Claimant a total sum of Kshs. 86,320 in terminal benefits as agreed at the Labour Office, Mombasa County
  2. 2.Interest allowed at 16% per annum from 16th February 2017, till payment is complete
  3. 3.Costs to the Claimant
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment disputes (claim for terminal dues and unlawful termination)

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, "Ben Obonyo Oros v V.N.M Construction Company Limited [2020] KEELRC 1359 (KLR)", Case Analysis (2020). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1359/eng@2020-03-12

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