Nawassco HR manager awarded Sh4.1m for wrongful dismissal

Nakuru judge Hellen Wasilwa ruled that Nawassco had no valid reasons for terminating the HR manager's employment. [iStockphoto]

The Employment and Labour Relations Court has awarded a former human resource and administration manager of Nakuru Water and Sanitation Services Company Limited (Nawassco) Sh4.1 million for wrongful dismissal.

Anne Chepkorir's employment was terminated through a letter dated February 3, 2021.

The letter stated that her negligence and incompetence in managing transport services led the company to lose Sh3,219,256.

According to the company, Chepkorir approved fuel requests and fuel orders without due diligence, resulting in the loss.

However, in her judgment, Nakuru judge Hellen Wasilwa ruled that Nawassco had no valid reasons for terminating Chepkorir's employment.

"The issue of being negligent and incompetent does not arise, because the claimant (Chepkorir) raised an issue with a fuel system and made recommendations on its improvement," ruled Wasilwa.

The judge ruled that Chepkorir was subjected to an unfair and unjust disciplinary action.

Evidence on record, according to Wasilwa, showed that Nawassco's board conducted the disciplinary process as a committee and also sat on Chepkorir's appeal.

The court ruled that even though Nawassco suffered losses, Chepkorir was not directly responsible since her work was only to approve what had been passed by the administration.

"The problem seemed to have started from the system in place and the claimant raised a complaint and the respondent (Nawassco) later on changed it," said Wasilwa.

Wasilwa awarded Chepkorir Sh3,050,000 compensation for 10 months' salary and Sh915,000 in three-month salary in lieu of notice.

She was awarded unpaid salary up to February 3, 2021 and prorate leave, taking the total compensation to Sh4,198,833.