Nyeri office messenger awarded Sh234,000 for unfair dismissal from work

A woman was on January 26, 2017 awarded Sh234,000 for unlawful dismissal from work two years ago. FILE PHOTO | NATION MEDIA GROUP

What you need to know:

  • Caroline Wambui Nderitu sued contending that she was wrongly sacked by Dr Ignatius Muturi on November 1, 2014 through a phone call.
  • In response, Dr Muturi testified that he sacked Ms Nderitu for deserting duty following a theft in the office in which he lost an unspecified amount of money.
  • While passing the judgment, Judge Ongaya observed that nothing prevented Dr Muturi from subjecting Ms Nderitu to a disciplinary process involving a notice and a hearing on account of the misconduct of absence without leave.

A Nyeri Employment and Labour Relations Court has awarded an office messenger Sh234,000 for unfair dismissal on the grounds of pregnancy.

Caroline Wambui Nderitu sued contending that she was wrongly sacked by Dr Ignatius Muturi on November 1, 2014 through a phone call.

She told Judge Byram Ongaya that she was earning a monthly salary of Sh18,000 and was entitled to annual leave of 30 days.

She asked for compensation for wrongful dismissal to a maximum of 12 months’ wages and general damages at a rate of 15 per cent of the total, which amounts to Sh216,000.

Before being formally appointed, she had served on probationary terms following an interview on June 14, 2014 and after undergoing a medical test including confirmation that she was not pregnant.

NO PREGNANCY TEST

Ms Nderitu learned in early September 2014 that she was two weeks pregnant and Dr Muturi learned about it when she consulted him following a minor complication with the pregnancy.

In response, Dr Muturi testified that he sacked Ms Nderitu for deserting duty following a theft in the office in which he lost an unspecified amount of money.

He said somebody had reported to him that after the theft, Ms Nderitu had been talking about going to bank a lot of money and he reported the matter to police.

She never went back to the office after recording a statement with police, the court heard.

Dr Muturi added that Ms Nderitu was not subjected to a pregnancy test before she was hired.

DISHONESTY CLAIM

He said she had been dishonest in failing to disclose her pregnancy at the time of her appointment.

While passing the judgment, Judge Ongaya observed that nothing prevented Dr Muturi from subjecting Ms Nderitu to a disciplinary process involving a notice and a hearing on account of the misconduct of absence without leave.

The court said it was unfair and discriminatory to dismiss an employee because she was pregnant and the action was an aggravating factor and was a gross violation of her freedom from discrimination.

She had served for less than one year.

The court ordered that she be awarded Sh216,000 for the unfair termination plus Sh18,000, equal to one-month pay in lieu of a termination notice.