Three sacked over referendum sue employer

By Evelyn Kwamboka

As Kenyans made history on August 4, three voters unwittingly defied their employer and took the day off.

They joined the rest of Kenyans to the ballot box to decide on the new Constitution and shape the country’s destiny.

The new law was approved at the referendum with more than 60 per cent voting ‘Yes’. Unfortunately for the three voters, they got the sack for taking part in the historic referendum.

Although President Kibaki declared the day a public holiday, the employees’ action to join other Kenyans at the referendum on the new Constitution saw them sacked without benefits.

The President had asked employers to allow their staff to participate in the election that was also gazetted.

Yesterday, Peter Githinji, Richard Okoth and Millicent Vinaywa moved to the Industrial Court in Nairobi to seek legal redress against Mina Loaf Bakery and its proprietor, Mr Francis Mbugua.

Through Kituo cha Sheria, the sacked workers demanded their dues from the respondents through the Labour Office in vain.

They are seeking orders that the employer pays them the July salary as per the Employment Act 2007, pending hearing and determination of their case. In the final award, they will be seeking compensation for wrongful dismissal to a maximum of 12 months wages plus cost and interest of the suit.

Mr Githinji said he had been subjected to undue financial hardship and is under a further threat of eviction from his residential premises due to unpaid rent. He was employed at the company in 2007 until August 5 when his services were terminated.

Terminal dues

"The respondents wrongfully and unlawfully terminated my services without notice and refused to pay my terminal benefits and salary for the month of July on the basis that I deliberately stayed away from work on August 4, which was a gazetted public holiday and the referendum day," said Githinji.

In documents filed in court, Kituo cha Sheria advocate James Etemesi said Githinji was employed at the company in May 2007 and has since worked there with loyalty and diligence.

"The respondent employed the services of the claimant at Sh6,000 monthly and did not give him an appointment letter as required by the law," he said.

On his part alone, Githinji prays the court awards him Sh22,000 for terminal dues, Sh78,000 as compensation for wrongful dismissal to a maximum of 12 months wages, exemplary damages and any other relief as the court may deem fit.