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ELRCPartially AllowedNot stated in judgment· [2024] KEELRC 1301 (KLR)
Exotic Penina Fields Group Limited (F.T.A Carnation Plants Limited) v Nyangau (Appeal E001 of 2023) [2024] KEELRC 1301 (KLR)
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·~3 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#The respondent (claimant below) sued the appellant (employer) in the lower court claiming a declaration of unfair termination, pay in lieu of notice, service pay, unpaid overtime, unpaid public holidays, salary underpayment, and 12 months' compensation under section 49(1)(c) of the Employment Act. The trial magistrate entered judgment on November 3, 2022 for Kshs. 271,399.76/- comprising Kshs. 210,058/- unpaid overtime and Kshs. 61,341.76/- unpaid public holidays, and ordered issuance of a certificate of service. The appellant appealed on grounds that the magistrate made awards despite expressly finding the claimant had failed to discharge his burden of proof under section 47(5) of the Employment Act, that she found no unfair termination, and that no basis for the sums was given. The respondent filed no submissions; the appellant filed written submissions. Byram Ongaya, Principal Judge, reconsidered the record and found that the claimant had testified he had no outstanding overtime claims, having been paid for overtime or not having worked it, and that the public holidays claim was neither particularised nor its computational basis explained. The awards were therefore made without due evidence. The appeal was allowed: the trial court's awards were set aside, the suit was dismissed with no costs, each party was ordered to bear its own costs of appeal, and the deputy registrar was directed to return the case file to Machakos Sub-registry forthwith. The court took into account the COVID-19 situation surrounding the termination in its costs order.
Key legal issues
#01
Whether the awards for unpaid overtime and unpaid public holidays were supported by evidence
Holding
The appeal succeeded; the awards were made without due evidence and were set aside
Reasoning
The claimant himself testified in cross-examination that overtime worked in initial service was paid and that he did not work overtime when deployed to a hardship area. He offered no testimony particularising the claimed public holidays, and no basis for computing the claims was explained. The trial court therefore erred in awarding sums without any evidential foundation or explanation.
p. 3
Legal principles established
#- A trial court must not make monetary awards without evidence or explanation of the basis of computation; a claimant who fails to particularise and prove claims such as overtime and public holidays is not entitled to an award
Court orders
#- 1.The awards in the trial court's judgment are set aside and the suit dismissed with no costs
- 2.Each party to bear own costs of appeal
- 3.The deputy registrar to return case file to Machakos Sub-registry forthwith
- On appeal from
- Lower Court (trial Magistrate's Court)
- Not stated
- Jurisdiction invoked
- Appellate jurisdiction of the Employment and Labour Relations Court over appeals from the lower court in employment matters (first appeal on the record)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Exotic Penina Fields Group Limited (F.T.A Carnation Plants Limited) v Nyangau (Appeal E001 of 2023) [2024] KEELRC 1301 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1301/eng@2024-05-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.