Nakuru hospital ordered to pay sacked guard Sh339,304

The main entrance to the the Nakuru Specialists Hospital. [Courtesy X]

The High Court in Nakuru has ordered a hospital to pay a night security guard Sh339,304 for wrongful termination after it accused him of sleeping at work.

Moses Limo said the Nakuru Specialists Hospital did not pay him his April 2020 salary, was underpaid during his employment, denied annual leave, not compensated for working on public holidays and overtime and was never issued with a certificate of service.

Limo said he was employed as a night guard under a two-year contract commencing April 1, 2019, and was expected to run until April 1, 2021, but was unfairly terminated on February 1, 2021, without notice or valid reason.

In his judgement, Justice Peter Ndege said that Limo was unfairly terminated by the hospital.

The judge noted that Limo worked 12 hours daily exceeding by four hours without compensation and also worked on public holidays and was denied proper off days.

He said that Section 27(1) of the Employment Act requires employers to regulate working hours and provide rest periods.

"Section 28(2) entitles an employee to a rest day each week. Section 5 of the
Regulation of Wages (General) Order provides that any work exceeding the normal hours (8 hours per day, 48 hours per week) shall be compensated as overtime," said Justice Ndege.

The judge awarded Limo Sh96,858.42 for unfair termination and Sh16,143.07 for a one-month salary in lieu of notice.

Limo also received Sh155,267.54 for underpayment arrears and Sh108,440 for unpaid overtime, holidays and rest days.

The judge also directed that Limo be paid Sh22,596 unpaid leave and given a certificate of service within 14 days and the costs of the suit.

The judge said the hospital failed to provide evidence to prove that a disciplinary hearing occurred and that there is no proof that the procedural safeguards under Section 41 were satisfied.

In its defense, the hospital said Limo was grossly negligent, frequently slept on duty and was unresponsive to prior verbal warnings.

The hospital administrator Kevin Mumo said the summary dismissal was justified under Section 44 of the Employment Act.