Sacked hotel staff awarded Sh50m

The Industrial Court has awarded Sh50.5 million to 367 former employees of African Safari Club for their dismissal in October 2003.

In his ruling, Justice Charles Chemmuttut said he found that the summary dismissal of the workers was unfair and awarded the money as their salary arrears and terminal benefits.

He further ruled that they be paid a six-month salary compensation each based on their individual wages at the date of their dismissal as provided for under the Labour Institutions Act.

Mr Justice Chemmuttut also ordered the company to issue the former employees with certificates of service, pay them back the cost of the suit and all interests accrued from the awards.

He noted that the summary dismissal violated the law because they only protested at the delay of their salary, which according to the law, should be paid at the end of each month.

He stated that the company failed to pay the workers’ salaries for the months of September and October 2003.

The company also locked them out of their places of work, contrary to an unconditional return-to-work formula between the parties, the judge said.

He noted that the employees were not economically well-off, and any delay in payment of their salaries could have caused grumbling among them, hence the protest was justified.

Mr Justice Chemmuttut found the company guilty of violating the payment agreement, adding that if a commotion arose and damages incurred, it was the company to shoulder the blame.

“The explanation given by the management for the delay of the salary was not meaningful to the employees, and naturally if they insisted on knowing what were the difficulties, there was nothing wrong in their conduct,” he ruled.

The employees were dismissed between October 16 and 24, 2003.