Case ID:171884

Kenya Union of Commercial Food and Allied Workers & another v Choppies Enterprises Kenya Limited & 3 others [2021] eKLR

Case Metadata

Case Number:

Cause 861 of 2019 & Kisumu Chief Magistrates Court in Employment Case 408 of 2019 (Consolidated)

Parties:

Kenya Union of Commercial Food and Allied Workers & Claimants in Kisumu Chief Magistrates Court in Employment Case No. 408 of 2019 v Choppies Enterprises Kenya Limited, Parin Bharatkumar Patel, Ashwin Kshemendran & Mithun Chulliparambil Gopalakrishnan

Date Delivered:

05 Mar 2021

Case Class:

Civil

Court:

Employment and Labour Relations Court at Nairobi

Case Action:

Ruling

Judge(s):

Maureen Atieno Onyango

Citation:

Kenya Union of Commercial Food and Allied Workers & another v Choppies Enterprises Kenya Limited & 3 others [2021] eKLR

Court Division:

Employment and Labour Relations

County:

Kisumu

Case Outcome:

Judgment entered for the 2nd claimant

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT

AT NAIROBI

(Before Hon. Lady Justice Maureen Onyango)

CAUSE NO. 861 OF 2019 AS CONSOLIDATED WITH

KISUMU CMELRC 408 OF 2019

KENYA UNION OF COMMERCIAL FOOD AND

ALLIED WORKERS 1

ST

CLAIMANT

CLAIMANTS IN KISUMU CHIEF MAGISTRATES

COURT IN EMPLOYMENT CASE NO. 408 OF 2019..........................2

ND

CLAIMANT

VERSUS

CHOPPIES ENTERPRISES KENYA LIMITED...............................1

ST

RESPONDENT

MR. PARIN BHARATKUMAR PATEL...............................................2

ND

RESPONDENT

MR. ASHWIN KSHEMENDRAN......................................................3

RD

RESPONDENT

MR. MITHUN CHULLIPARAMBIL GOPALAKRISHNAN............4

TH

RESPONDENT

RULING

In the judgment delivered on 13

th

November 2020, the Court found that the second set of claimants, that is claimants in Kisumu Chief Magistrate Court Employment Cause No. 408 of 2019 referred to herein jointly as 2

nd

claimant were entitled to the following: -

-

Soap allowance Kshs.100 per month.

-

Difference between basic and gross pay in respect of: -

-

Refund of unlawful deductions.

(i) notice pay

(ii) Severance pay

-

Refund of unlawful deductions.

I have considered the tabulation of the Respondent. The same is based on consolidated pay (basic + house allowance) yet the judgment refers to gross pay. The same further excludes unlawful deductions that was to be refunded.

The 2

nd

Clamant on the other hand included all the items as set out in the judgment. I therefore find that the 2

nd

Claimant’s tabulation is the correct one and adopt the same. I thus award each of the claimants as follows: -

NAME AMOUNT (KSHS.)

1. Stephen Juma Wangira 33,296.34

2. Paul Odhiambo Okaka 35,596.31

3. Augustine Neto Ojowi Achando 22,690.20

4. Godfrey Odhiambo Orem 32,436.19

5. Delvin Otieno Owiti 29,956.05

6. Justus Omoro 30,416.15

7. Felix Ototi Oiruria 30,095.91

8. Irene Amondi Odhiambo 27,475.80

9. Pauline Nancy Atieno 48,087.82

10. Maurice Migingo 31,716.24

11. Jackline Atieno Oduor 39,602.14

12. Charles Ochieng Gumba 32,516.32

13. Gabriel Odwori Khaduli 32,516.37

14. Richard Owidi 48,632.20

15. Benard Odhiambo 35,276.28

16. Millicent Regina Ilode 48,305.19

17. Said Abuka 42,174.00

18. Calvince Odhiambo Otieno 31,736.18

19. Nicholas Odhiambo Owiti 32,076.15

20. Victor Omondi Omburo 26,514.80

21. Ian Onyango Wasonga 30,809.80

22. Jacob Obanda 29,690.93

TOTAL

751,617.37

Judgment is therefore entered for the 2

nd

claimant in the sum of Kshs.751,617.37/=.

DATED, SIGNED AND DELIVERED AT NAIROBI ON THIS 5

TH

DAY OF MARCH 2021

MAUREEN ONYANGO

JUDGE

ORDER

In view of the declaration of measures restricting court operations due to the COVID-19 pandemic and in light of the directions issued by His Lordship, the Chief Justice on 15

th

March 2020 and subsequent directions of 21

st

April 2020, that judgments and rulings shall be delivered through video conferencing or via email. They have waived compliance with

Order 21 Rule 1

of

the Civil Procedure Rules

which requires that all judgments and rulings be pronounced in open court. In permitting this course, this court has been guided by Article 159(2)(d) of the Constitution which requires the court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of

Section 1B

of the

Civil Procedure Act (Chapter 21 of the Laws of Kenya)

which impose on this court the duty of the court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.

MAUREEN ONYANGO

JUDGE