Unionist gets Sh600k for unfair dismissal

Former Chief Justice Willy Mutunga and Industrial court Judge Nduma Nderi during the launch of the Employment and labour relations Court service Charter at Milimani law court. /FILE
Former Chief Justice Willy Mutunga and Industrial court Judge Nduma Nderi during the launch of the Employment and labour relations Court service Charter at Milimani law court. /FILE

A workers’ union official has been awarded more than Sh600,000 for wrongful dismissal.

Employment and Labour Relations Court judge Maureen Onyango yesterday said the Rift Valley Railways Limited unfairly sacked David Onditi, the deputy secretary general of Rift Valley Railways Workers’ Union. She said the firm lacked a valid reason and violated a contract termination procedure stipulated in law. Onditi will also get Sh100,000 for case expenses.

The Employment Act provides that an employee must be given a fair hearing before a contract is terminated and there must be proof of reason for such a decision.

Onditi in his suit papers said he was suspended from duty in July 2008. His suspension notice indicated he had continued to engage in illegal strike and issued threats to employees who were willing to work.

The judge awarded

Sh44,867 the sum of one month’s salary, Sh98,607 for May, June and seven days of July 2014 salaries,

Sh8,973 for six-day leave due and Sh34,600 February and March bonuses. He also awarded Sh538,400 for compensation of 12 month’s salary.

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