Security guard gets Sh480,000 for unfair dismissal
By Robert Amalemba | March 24th 2021
A security guard’s union has won Sh480,000 for a member who was irregularly retrenched.
The court heard that the complainant had also been subjected to exploitation at work.
The Labour Court sitting in Kisumu awarded the money to cover for underpayment for 57 months, unpaid overtime, unpaid leave and a five-month pay to console the guard.
“The employer, Guard Force Security (GFS), did not adhere to the minimum legal provisions regarding workers in the security industry. The firm was therefore unlawfully exploiting workers,” said Justice Mathews Nduma.
GFS absconded court summons, making the dispute and judgment to proceed in their absence as a handful of members from the Kenya National Private Security Workers Union attended.
The company was also ordered to foot the cost of the case.
The complainant was employed on contract on January 1, 2015 and sacked in 2017.
Patrick Sakwa, the union secretary-general, told the court that their member was employed “by word of mouth” and was paid Sh6,000 per month, which was later increased to Sh7,000.
“The employee did not go on leave at all and was not paid in lieu of leave days not taken. He worked 12 hours a day and was not paid overtime,” Sakwa pleaded.
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