A Mombasa-based company will pay a former employee Sh1.9 million for wrongful dismissal six years ago.
Justice Byrum Ongaya ruled that Allan Timbwa’s summary dismissal from Maths Trading Company Ltd in 2014 was unfair.
Justice Ongaya said Timbwa had over 12 months of an unexpired contractual term of service and he had a clean record.
“He clearly desired to continue in the respondent’s employment. The aggravating factor is that the unfair dismissal was retroactive with no pay for the period of suspension,” the court ruled.
He awarded the maximum compensation under section 49 of the Employment Act, 2007.
The company are to pay Timbwa Sh1,960,000 by July 1 this year failure which it will attract interest at court rates from the date of the judgment.
However, the court declined to reinstate him. “The court has considered the circumstances of the separation and returns that the relationship has broken down irretrievably,” Judge Ongaya said.
At the time of his dismissal, Timbwa was the imports, exports and logistics head.
He had been employed a year before on a two-year renewable contract.
Maths Ltd accused him of failing to conduct due diligence on companies that were seeking to transport their company materials.
The company alleged he had been a shareholder in a company that tendered to transport materials for Maths Ltd.
The court ruled that Maths Ltd failed to show that the reasons for termination were valid.
“There was no evidence that the claimant as a shareholder in Quick Pic Forwarders Ltd engaged in a remunerative activity or that the company was in competition with the respondent in any manner,” the court ruled.
(edited by o. owino)
