KBC to pay former staff Sh2m for job loss

Public broadcaster KBC has been ordered to pay a former employee Sh2 million for illegal termination and discrimination.

Judge Mathews Nduma Nderi said the firing of Mr Vincent Suyianka Lempaa for agitating for his rights was unfair.

Mr Lempaa had led his colleagues on a strike six years ago, agitating for reforms at the Station.

BENEFITS

The court also said that Mr Lempaa was entitled to payment of all the money he was improperly denied from the date of his promotion.

He said the former broadcast assistant was wrongfully and unlawfully deprived of his employment.

"The claimant was not paid terminal benefits upon termination. The claimant suffered loss and damage at the hands of a public employer who chose to violate the law to his detriment," the Judge Nderi said.

He ordered the Kenya Broadcasting Cooperation to pay him Sh2,052,764 with interest from the date he filed the case.

MISCONDUCT
Mr Lempaa said he was employed by KBC in October 2005 and in November 2010, he was promoted to broadcast assistant where he worked until July 6, 2012 when his services were terminated.

In the termination letter, he was accused of gross misconduct and disclosure of confidential information.

But he said his former employer never summoned him to defend himself, contrary to the Employment Act.

He said the action was biased and motivated by malice, and aimed at victimizing him.

He also said although he was promoted, his salary was not adjusted to reflect the promotion for about 20 months.

MEMO
The cooperation accused him of being rude towards Chief Editor Vitalis Musebe.

But he said he was victimized for voicing dissent to the Permanent Secretary for Information for failure to be awarded salary increment upon promotion.

It emerged that he had written a collective memo on behalf of all affected colleagues (who signed the memo) as an advocate.

After the management failed to address their grievances, they went on strike on February 29, 2012 and petitioned Parliament to investigate their complaints.

The Minister of Information promised to address the matter and that grading would be done.

In addition, Parliament castigated KBC for poor management and a return to work formula was agreed upon on May 5, 2012.

In reply, KBC defended the termination, saying it was fair and procedural.