St Theresa's Mission Hospital ordered to pay fired guard

St Theresa's Mission Hospital photo:courtesy

A mission hospital has been ordered to pay a former security guard his six-month salary for unfair termination.

Boniface Wambugu was sacked by St Theresa's Mission Hospital after he was accused of demanding a Sh50 bribe from people who had come to see a patient outside visiting hours in 2015.

The two women had pleaded to be allowed to see the patient who was awaiting surgery.

Mr Wambugu explained to Employment and Labour Relations Court judge Byram Ongaya that he then called the ward-in-charge and one of the women, the patient's wife, was allowed in.

The other visitor, the patient's sister, continued complaining and was referred to the matron by the claimant, the court heard.

She then lodged a complaint with the human resource manager who summoned the guard.

The following morning, on October 30, Wambugu was summoned again and informed that investigations carried out by his employer showed the same women had approached him seven days before and that he demanded Sh100 to see the patient.

DENIED CLAIMS

At time of the said bribery, it was alleged he was deployed at the ward gate but he denied this, saying he was stationed at the hospital's barrier gate.

He was suspended and was called for a disciplinary hearing a month later and accused of taking the Sh50 bribe. He again denied the claims.

His accusers were not called to give evidence.

Wambugu was fired the same day the disciplinary hearing was conducted. According to his termination letter, he was fired for colluding with the patient's relatives to have them access the ward after the allowed visiting hours.

The bribery allegations do not feature in the letter.

Justice Ongaya noted that Wambugu was not allowed to interrogate his accusers.

"The court has considered the gravity of allegations of corruption or bribery and is of the opinion that the claimant ought to have been given a better chance towards exculpation rather than going by mere allegations and which were never corroborated," the judge observed.

"Thus, the court returns that the termination of the claimant's employment was unfair or unlawful for want of a valid reason as per the Employment Act, 2003."

Wambugu wanted the court to force his employer reinstate him but it ordered he be paid six months gross salary and cost of filing the case.