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Wycliffe Okoth & another v H. Young & Company Limited [2019] KEELRC 1009 (KLR)

[2019] KEELRC 1009 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1009
Citation
[2019] KEELRC 1009 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour RelationsPostureAppeal from original trialCoramMathews N. Nduma
Holding

The court awards the claimants unpaid overtime in the sum of Kshs. 942,000, interest at court rates from date of filing suit till payment in full, and costs of the suit.

Facts

The claimants, Wycliffe Okoth and Paul Nyakach, were teachers employed by the respondent, H. Young & Company Limited. They filed a suit for payment of overtime allowances based on a Collective Bargaining Agreement (CBA) signed on 10th September 2013. The suit was opposed by the respondent.

Issues

  1. Whether the claimants worked overtime that was not paid for on the dates shown in the work records

Reasoning

The court is satisfied that the claimants worked overtime on most of the days between 8th May 2013 to 12th July 2014, as per the CBA. The claimants have proved on a balance of probabilities that they had worked overtime that was not paid for.

Outcome

In favor of the claimants

Orders

  • Unpaid overtime in the sum of Kshs. 942,000
  • Interest at court rates from date of filing suit till payment in full
  • Costs of the suit
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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