Court orders Mt Kenya Bottlers to pay ex-employee Sh600,000

NYERI, KENYA: Mount Kenya Bottlers limited Company has been compelled to pay a former employee Sh 600,000 for unlawful dismissal.
Francis Waweru was awarded the amount by Nyeri High Court Judge Byram Ongaya on Friday, June 16, 2017.
"The respondent to pay the claimant Sh 614, 296.80 by 01.08.2017 failing interest to be payable thereon at court rates from the date of the judgment till full payment," said Mutua.

Waweru filed the complaint on November 14, 2016 seeking for judgement against the company for general damages for unlawful dismissal.

The judge said that the court agrees and returns that on a balance of probability, the dismissal was without a notice and a hearing as envisaged in section 41 of the Employment Act, 2007. It was a dismissal devoid of due process.

He was also seeking outstanding dues as set out in the Pension Scheme Rules, One month's salary of Sh 47,253.60 and Unpaid leave for one month at Sh 47,253.60.

Despite service, the respondent failed to enter appearance, to file a response or to attend the steps in the suit including at the hearing.

He was employed by the company on October 11, 1991 as a water operator and the respondent issued the claimant with a job card dated October 11, 1991. The claimant was last deployed as an off-loading assistant.

The Judge said that by the letter dated December 15,2015, it was alleged by the respondent that on December 9,2015 the claimant had been assigned to load motor vehicle KBR 969Z and later the truck was found with 57 extra cases of 500 ml Fanta Orange on the way to deliver the products to a distributor.

Thus, by that letter, the respondent suspended the claimant from duty and effective 16.12.2015 on half pay and pending investigations into the case.