Nakuru watchman awarded Sh1.7million for unlawful dismissal

NAKURU, KENYA: A sacked watchman has been awarded Sh1.7 million compensation by Employment and Labour Relations court in Nakuru.
Jared Odhiambo Ojao sued Poly Pipes Ltd on 2 October 2014 alleging unlawful termination of employment.
In his suit which was not opposed by Poly Pipes Director Mukesh Patel, Odhiambo said he was verbally dismissed in July 2014.
"On July 1, 2014 I reported to work as usual but the employer told me that my services were no longer required," he told Labour Court Judge Stephen Radido.
Court heard that the claimant was not given a dismissal letter. Odhiambo claimed the verbal dismissal was unlawful as he was not given notice and as he was not guilty of any offence.
Labour court further heard that Poly Pipes Company did not pay Odhiambo any dues though the monthly remuneration was Shs12, 622 at time of dismissal confirmed by pay slip for June 2014 that was produced in court.
After the dismissal, he reported to his Union, Kenya Union of Commercial Food and Allied Workers and the Union wrote to Mr. Patel who failed to attend a meeting sought by the Union in the letter.
Odhiambo then moved to court demanding compensation, service gratuity, suit costs and interest.
On the terms of engagement with the Nakuru based company, the former watchman stated that he was being underpaid and that he worked overtime for 2 hours daily without pay.
He also argued that he did not go on leave during the tenure of the employment of 12 years. He sought one month pay in lieu of notice of Sh11, 633, service gratuity of Sh55, 638, overtime of Shs1, 388,640 and underpayments of Sh58, 573.
Justice Radido, who ruled that Employment law requires an employer to give at least 28 days written notice of termination of employment of paid by the month, held that Odhiambo's termination of the employment procedurally unfair.