Upper Hill School ordered to compensate five ex-employees
The Employment and Labour Relations Court on Friday ordered Upper Hill School to compensate five former employees for the years they worked there before they were sacked.
The five had sued the school’s management and administration for what they termed as unfair termination of employment.
Justice Radido Stephen in his ruling awarded each employee an equivalent of their one month’s salary for all the years they worked at the school, but dismissed claims that they were not given reasons for their sacking.
The five, Robert Mongare Ogori, Josphat Inyanje Shitakwa, Jonathan Mutune, Wycliff Ngeso and Ronald Wakhungu were sacked on February 2, 2015, six months after they had been suspended for alleged theft.
They had accused Upper Hill School’s management of not giving them reasons for their termination.
The court however found that they were notified in letters and appeared before the school’s board, though the management never proved that the five were involved in the theft.
“The Court finds and holds that there was no breach of contract/statute, that the termination of the employment of the Claimants though procedurally fair were substantively unfair,” the judgment read.
Robert Mongare Ogori was awarded Sh141, 240, an equivalent of 10 months salary for his 10 years of service, Josphat Inyanje Shitakwa given Sh171, 948 for 12 years worked, while Jonathan Mutune awarded Sh142, 740 for 10 years of service.
Wycliff Ngeso was awarded Sh11, 370 for his one year of service while Ronald Wakhungu was given Sh171, 288 for his 12 years of service.
The judge ordered that the school gives each employee a certificate of service within 15 days.