Kiema v Segera Limited (Employment and Labour Relations Cause E019 of 2022) [2023] KEELRC 1597 (KLR)
The bottom line
#A Kenyan court dismissed a former hotel chef's claims for overtime and damages, finding her employment contract, voluntary resignation, and Covid-19 isolation policies were lawful.
What this practically means
#Executive summary
#Key legal issues
#Territorial jurisdiction of the ELRC
The court disregarded the jurisdiction objection because the respondent submitted to the court's jurisdiction and the ELRC has nationwide territorial jurisdiction
The cause of action arose in Nanyuki, ordinarily within Nyeri ELRC's territory. However, the respondent entered appearance and participated fully in the hearing, only raising jurisdiction at the tail end. The court held the ELRC has territorial jurisdiction over the entire nation and dismissed the objection.
Claim for overtime pay
Claim failed as the claimant admitted she was in management and the contract excluded overtime for her position
Clause 12 of the contract provided no overtime for the management position of senior chef. Under cross-examination the claimant admitted she was in the management team and not entitled to overtime. Her claim for bonus could not rescue the overtime prayer since parties are bound by pleadings.
Claim for constitutional violations (unlawful detention during Covid-19 isolation)
Claim failed; isolation at Nyakio Hotel was reasonable and consistent with government Covid-19 guidelines
The claimant, a chef handling food and in contact with guests, was required to isolate per government Covid-19 guidelines. Nyakio Hotel was an agreed isolation centre, the respondent paid all costs, tests were done by KEMRI, and all returning staff were treated the same way. The respondent acted reasonably and in good faith.
Claim for unfair labour practices and terminal dues
Claim not proved; resignation was voluntary, dues were paid and NSSF membership covered the service pay claim
The claimant's resignation of 28th October 2020 was voluntary and accepted; she conceded under cross-examination that she was not coerced. Terminal dues including salary to 25th January 2021, accrued leave, days worked and service pay were computed and paid, acknowledged by the claimant on 8th January 2021. As an NSSF member, no unpaid dues remained.
Legal principles established
#- A party who submits to a court's jurisdiction by entering appearance and participating in the hearing cannot raise lack of territorial jurisdiction at the tail end of the hearing
- A claimant who admits to being in a management position under a contract excluding overtime pay is not entitled to overtime
- An employer who isolates an employee in line with government Covid-19 guidelines and in good faith to protect other employees cannot be held liable for inhuman treatment
Court orders
#- 1.The claim by the claimant is dismissed
- 2.No order as to costs
- Jurisdiction invoked
- Original jurisdiction of the Employment and Labour Relations Court over labour matters throughout Kenya; respondent's territorial jurisdiction objection disregarded
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kiema v Segera Limited (Employment and Labour Relations Cause E019 of 2022) [2023] KEELRC 1597 (KLR)", Case Analysis (2023). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1597/eng@2023-07-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.