Employer ordered to pay sacked watchman five months salary

The Employment and Labour Relations Court has awarded a security guard compensation of Ksh.140,360 for unlawful termination of his employment by a pharmaceutical company.

Lady Justice Linet Ndolo ruled that the company terminated Mathews Omollo’s employment without justifiable cause and in violation of due procedure.

Mr. Omollo had sued Temple Stores Pharmaceutical Limited claiming that his employment was illegally terminated after he went for leave.

“Flowing from the foregoing findings, I award the claimant five months’ salary in compensation. In arriving at this award, I have taken into account the claimant’s length of service and the respondent’s conduct in the termination process,” ruled the judge.

Otieno filed the case on June 18, 2014.

He argued that he was employed by the company as a watchman, at a basic monthly salary of Ksh.8,000 effective July 11, 2010.

On September 21, 2013, Otieno said he was instructed by the company’s Managing Director to proceed on a 7-day leave and on reporting back to work, he was informed that his services were no longer required.

The watchman contended that the termination of his employment was unjustifiable and unprocedural.