Nairobi Hospital ordered to pay worker sacked over three plates of food

Wycliff Chogo served the Nairobi Hospital for 20 years as a ward attendant, but he was unceremoniously fired over three plates of food.

For this, the hospital will pay him Sh667,122.30 after the Employment and Labour Relations Court found the termination unfair and unprocedural.

Justice Stella Ruto said there was no evidence that Chogo was given an opportunity to explain or answer the claims levelled against him. At the same time, Justice Ruto observed that he was not also notified before the hospital considered firing him.

“As the court has found that the claimant’s termination from employment was unfair substantively and procedurally, he is awarded one month’s salary in lieu of notice and compensatory damages equivalent to eight months of his gross salary,” the court ruled.

“This award has considered the length of the employment relationship, which was relatively long, as well as the fact that the respondent neither proved the reasons for the claimant’s termination from employment nor the fact that it complied with the requirements of a fair hearing in so doing.” 

Chogo explained that on October 5, 2017, while performing his duties, his supervisor called him and notified him that he needed to go to the security office.

He said the head chef, the chief of security and other officials informed him that four plates of food were found in the ward where he used to work, three of which were alleged to have been sold and one was a complimentary one issued to employees.

He was asked to account for the three plates. Chogo denied knowledge of any food business in the workplace and was asked to record a statement and allowed to resume his duties.

The following day, Chogo was again taken to the security office, where he found police officers waiting for him. He was arrested and taken to the Kilimani Police Station.

According to him, he was not given the reason for the arrest.

The man was later informed that police were investigating the food incident. He recorded a statement and released on bail. He then went back to work. Chogo told the court he was never charged or made aware of the findings of the investigation.

He said on October 9, 2017, the hospital’s management suspended him for five days on the grounds that he was diverting food meant for patients. Chogo further said the suspension was extended for six days before he was eventually fired.

According to him, the hospital dismissed him for allegedly stealing patients’ food at the MCF Ward kitchenette.

He faulted his former employer for failing to issue him a show-cause letter, or summon him for a disciplinary hearing.

In its response, the hospital claimed that on October 5, the head chef complained that food meant for patients in the wards was missing. It said investigations pointed at Chogo.

The hospital argued that he was summarily dismissed after his explanation was found unsatisfactory, asserting that the process was legal and f