Firm ordered to pay guard for unfair firing

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A Labour Court in Kisumu has awarded a night guard Sh891,072 in compensation for wrongful dismissal. The court also found that his employer abused his right to leave days, minimum wage and even fair hearing before the dismissal.

Evans Nyamboso, who had been employed by JRS Group Security limited in 2004, was sacked on March 30, 2016 after his employer labelled him a habitual sleeper at work.

Kiptoo Patrick Maru, the watchman’s supervisor, testified for JRS that on February 21, 2016 he visited a station Nyamboso was assigned to guard at 10pm and hooted at the gate, but there was no response.

“I even banged the gate and there was no response. The caretaker at the place went round the compound and found Nyamboso asleep,” he said.

But the guard said he didn’t mean to sleep on the job.

“While on (night) duty I fell ill and started experiencing chest problems. I sought permission to see a doctor. On March 30, 2016 when I reported back I was informed that I had been replaced and should hand over company property immediately,” he told Justice Mathews Nduma.

After perusing the case Justice Nduma ruled that: “Nyamboso has worked faithfully at JRS for 12 years. He worked overtime without pay, was underpaid and was not granted annual leave. He was not paid terminal benefits upon termination yet he did not contribute to the termination.”

The judge awarded him the Sh0.89 million compensation and asked JRS to pay for the legal costs their former employee incurred