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Big-read03 November 2022 - 13:36

Great Lakes varsity to pay ex-staff Sh1.8m for breach of contract

Paul Ramogi had also sued the university for constructive dismissal.

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by The Star
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Justice Stephen Radido.

An employment court has ordered Great Lakes university of Kisumu to pay a former office assistant Sh1.8 million for breach of his contract.

Paul Ramogi had sued the university for constructive dismissal and breach of contract but the court ruled that he only proved the issue of breach of contract.

Justice Stephen Radido awarded him Sh1,844,896 as relief for several things that he had highlighted in court.

Great Lakes university will pay Sh80,000 for Sacco deductions, Sh402,139 for the housing scheme, Sh259,435 for pension scheme, Sh470,700 for Octagion pension, Sh275 590 for Rafiki Bank deductions and Sh375,030 for salary arrears.

It was also his argument that the university was making deductions from his salary to go towards paying of the different schemes but it never did.

Judge Radido said that payment of salary or remuneration is essential of an employment contract and a breach of that would amount to a grave and unreasonable conduct on behalf of the employer.

On why he was awarded the housing scheme deductions, the court said Ramogi had said that the appointment letter indicated that the university would invest 10 per cent of his basic salary towards a housing scheme.

“The respondent did not provide any records to establish that it fulfilled this part of the contract and the court will allow the relief claimed of Sh402,139,” the court ruled.

The court also said Ramogi had proven to court that the university breached the contract when they refused to pay his salary from October 2020 to March 2020.

In his case, Ramogi had told court that the university had instructed the guards not to allow him into the workplace allegedly because he was affiliated to a vice chancellor who had been replaced.

He produced a letter dated January 15, 2021 that he had written to the university raising concerns about his safety, being locked out of the workplace and even told them he was ready to resume work.

The court also heard that the HR manager replied to the letter telling Ramogi that he was required to submit his employment records for reconciliation and that he had failed to provide the same.

In their defence, the university said Ramogi had abandoned work in December 2020 and that is why his employment was terminated.

The university further claimed Ramogi stopped reporting to work when a new administration took over.

They said he failed to comply despite written instructions to produce professional and academic documents when the new administration took over.

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