Home KENYA NEWS Kenyan Man Seeking Sh308,000 for Illegal Termination Awarded Sh1,200 After a Four-Year...

Kenyan Man Seeking Sh308,000 for Illegal Termination Awarded Sh1,200 After a Four-Year Court Battle

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Kenyan Man Seeking Sh308,000 for Illegal Termination Awarded Sh1,200 After a Four-Year Court Battle

A Mombasa court has awarded Sh1,200 to a man who sued his former employer over illegal termination of his employment contract.

As reported by Nation, Joel Tipapa Nolpoor filed the case against St. Bakhita Girls Rescue Home at the Employment and Labor Relations Court in 2019 demanding Sh308,652 as compensation for wrongful dismissal.

Through the Kenya Union of Domestic, Hotels Educational Institutions and Hospital Workers, Nolpoor said the school hired him as a day security guard on June 6th, 2018, but he was fired a year later. He argued that the termination was done without a valid reason and warning. 

 “On May 10th, 2019, the respondent issued a new letter of employment for the same one [1] year tenure but omitted the gratuity in the earlier letter,” Nolpoor told Justice Byram Ongaya as quoted by Nation.

He further told the court that he applied to have his contract renewed after its expiry on May 31st, 2019, but the institution refused.

The former security guard was seeking Sh35,145.80 one-month salary in lieu of termination notice and annual leave for one year, Sh60,874 for underpayment of wages, service gratuity at 10 percent of the basic pay equivalent to Sh1757.20, a 12 months’ salary compensation for unlawful termination (Sh210,874). He also wanted the court to declare that his sacking was unlawful. The court also heard that the applicant was paid an additional Sh3,000 per month for the extra duties of milking cows.

In his ruling on Monday, Justice Justice Ongaya noted that Nolpoor’s contract term lapsed and there was termination by effluxion of the contractual term. He termed the plaintiff’s alleged unfair termination as misguided.

“The prayer for declaration of unfair termination and compensation are declined,” the judge ruled, adding that the contract was for a fixed tenure of one year and the claim for pay in lieu of termination notice could not be allowed.

“The Court finds that parties were bound accordingly. The court further finds that the claims for underpayment and house allowance were unjustified.”

The judge further noted that Nolpoor misrepresented the facts while claiming for payment, such as the fact that he was paid a house allowance and that it was not true that he earned Sh9 000 a month. He also faulted the applicant for failing to specifically plead the relevant minimum wage order applicable and how the computed figure was thereby arrived at.

“The claimant has failed to do so and the claims and prayers in that regard will fail. In conclusion, judgment is hereby entered for the claimant against the respondent for payment of Sh1, 200,” said Onyaya.

The court also ordered the school to issue Nolpoor with a certificate of service per section 51 of the Employment Act, 2007.
 

2 COMMENTS

  1. Curiously the same judge…
    Curiously the same judge several years ago put a permanent stop to any discussion, or challenge to Mombasa governor Joho’s dubious degree from Kampala University. Joho has a degree that the University denied ever a awarding.Huyu jamaa achunguzwe.He is probably doing a judge Chitembwe thing..Oh sorry the Azimiolites.I forgot John is the next CS for land in the RaRua government ? ? ..what a shame!

  2. The Judge should have Just…
    The Judge should have Just DISMISSED the Case. So if I was the Claimant and Out of Self-respect: I would Decline the KShs.1,200 settlement and Walk away.

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