Former Telkom staff ask court to uphold decision to award them Sh150 million

By  Isaiah Lucheli and WAINAINA NDUNG’U

Kenya: Retrenched Telkom Kenya (TK) workers have asked the Court of Appeal to uphold a decision by the High Court to award them Sh150 million.

The 996 employees won a four-year court battle against the company, which now has to pay each of the employees a Sh150,000 “golden handshake”.

The amount included severance pay, leave allowances, loan deductions and general damages.

The employees who lost their jobs through phase one of the compulsory retirement in 2006 won the case in 2011 but TK appealed the decision at the Court of Appeal.

In their submissions yesterday before a three-judge bench the former employees argued that TK had discriminated against them in the awarding of the golden handshake.

The former employees who are aged over 50 years submitted that the company had declined to pay them the Sh150,000 but had paid the same amount to employees below 50 years, which was discriminatory.

Through Lawyer Anthony Oluoch the former workers submitted the company had submitted that the employees were not entitled to equal treatment but had failed to cite or refer to any provision or other law that sanctions discrimination. 

“The appellant in so doing means denying there was discrimination and at the same time stating that the law allows discrimination and cannot be allowed to probate and be a probate at the same time,” they submitted. The employees argued that categorising of employees according to years of service, grade or payment amount was done for orderly implementation of retrenchment but noted that the law did not permit discriminatory treatment of employees falling in the same category.

Meanwhile, A former Telkom Kenya (TK) employee has been awarded damages for wrongful dismissal three years ago. In a case that is likely to cost the company millions of shillings in compensation.

Nyeri Industrial Court Judge Jorum Nelson Abuodha agreed that Elizabeth Wakanyi Kibe was unlawfully sacked.

Ms Wakanyi was allegedly dismissed from employment for failing to meet her performance targets and consistently reporting late to work. 

In her pleadings in court, Wakanyi was demanding Sh 34, 188, 628, which she argued was the salary she expected to get by July15, 2024, the time for her normal retirement.