A Nyeri Court has ordered registered trustees of the Catholic Archdiocese of Nyeri to compensate a nursery school teacher who was fired from her job during maternity leave.
Agnes Nyawira Wakarima filed a petition on October 14, 2022, in court seeking compensation from her employer, Holy Angels School, one of the catholic schools in Nyeri Town.
In her petition, she claimed that was offered a contract of employment as a teacher by her employer who granted her leave only to receive a termination letter before the leave was over.
Employment and Labour Relations Judge Onesmus Makau ruled that Ms Wakarima's termination was unfair, and unlawful and violated the employee's rights to equality and freedom from discrimination.
"It is common ground that notice is served before termination and therefore I award damages for the unfair termination," he said.
He further noted Ms Wakarima only served for two years but the reason for her termination was discriminatory on account of her pregnancy.
Ms Wakarima sought dues from her employer, including her monthly salary of Sh11,000, housing allowance, 15 per cent annual leave allowance, service pay of Sh11,000 multiplied by five, payment in lieu of notice of Sh11,000 and inclusive of the damage all amounting to Sh308,000. And general damages for discrimination based on pregnancy.
Judge Makau awarded her six months' gross salary for unfair termination totalling Sh66,000.
He however denied the claim for a housing allowance because of a clause in her written contract which never changed till termination.
However, on the claim of service pay the petitioner was granted at the conventional rate of 15 days' pay per year of services. She gets Sh11,000 as per service pay.
In the end, Agnes Nyawira was granted a compensation ofSh66, 000 and service pay of Sh11, 000 a total of Sh77,000.
pmwangi@standardmedia.co.ke
