Security Guard Sacked for Questioning Lack of Toilets Awarded Sh171,000

A security guard who was fired after asking to be shown where he could relieve himself during night duty has been awarded Sh171,000 for wrongful dismissal.

Johnson Otieno Ogola, a former employee of Hatari Security Guards, had been deployed to Mapara Homesteads located on Desai Road in Nairobi.

After nights of working and suffering because of a lack of washrooms, he asked the owner of the property to show him lavatories he would be using.

Instead, the owner reported him to the management of Hatari Security, claiming that Ogola was rude and unwilling to work.

“He was summoned by his managers in the main office where he was told that he was rude to the client and he usually reported to work while very drunk. Consequently, he was terminated,” court documents read in part.

Ogola sued the security company, arguing that his dismissal was unfair and in contravention of the Employment Act and the constitution.

His lawyer said no notice was issued to him before his termination and neither was a disciplinary hearing conducted.

He also told the court that the company violated his client’s rights as he was receiving a salary of Sh9,000 which is below the statutory minimum for employees in his category.

The court further heard that Ogola was working overtime and the employer had not considered giving him house allowance.

In his ruling, Judge B Manani said evidence tabled before the court was clear that Ogola should be rewarded for wrongful dismissal.

The judge awarded him Sh171,000 including Sh73,303 for house allowance and underpayments, service pays worth Sh11,776, and Sh12,597 as salary in lieu.