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University to pay lecturer Sh5m for unfair dismissal

By Julius Chepkwony | July 16th 2020 at 10:04:17 GMT +0300

The Technical University of Kenya has been ordered to pay a former lecturer Sh5 million for infringing on his employment rights. Justice Hellen Wasilwa ordered the university to pay John Omole following a suit he filed in court.

The court noted that the university could not explain why it chose not to give Omole his job back when it was reabsorbing others.

“The respondents (Technical University) have not been able to explain why they chose not to reinstate him as others were being absorbed into the respondent’s employment,” the judged ruled.

Omole argued that the university infringed on his rights when it refused to absorb him as a lecturer. He said he was employed by the Teachers Service Commission (TSC) on March 21, 1996, and was later seconded to Kenya Polytechnic until it was converted into a university college through the Kenya Polytechnic University College Order 2007. The institution was then granted full university status in line with the Universities Act, 2012.

In its reply, the university said Omole was employed by TSC on March 21, 1996, 13 years before he attained retirement age in 2009. It argued that his recognition came into force when TSC seconded him to the university, but the university had no contract with him.

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