Gachagua’s cook awarded Sh381,000 for unfair dismissal

What you need to know:

  • He was employed to work as a cook in the governor’s residence on a four-year contract.
  • However, his employment was terminated in September 2014 and no reason was given for the dismissal.
  • He then sued the county government through Kebuka Wachira Advocates.

The Employment and Labour Relations Court has awarded a former cook of former Nyeri Governor Nderitu Gachagua Sh381,807 for unfair sacking.

Samuel Wambugu Gitonga was employed in November 2013 by the Nyeri County government as a cook in the governor’s residence on a four-year contract.

His appointment letter indicated that he would be working from 6.30am or sometimes earlier as requested and leaving at 9.00pm or even sometimes later.

However, his employment was terminated in September 2014 and no reason was given for the dismissal.

He then sued the county government through Kebuka Wachira Advocates.

He told Judge Byram Ongaya that he was dismissed without notice and demanded a compensation of Sh53,610 and Sh31,104 for unpaid off days, Sh7,148 for unpaid public holidays, Sh48,000 for overtime and Sh,42,888 for the one year gratuity.

DAMAGES

He also sought damages for unfair and unlawful termination of employment.

“The county government’s action to terminate (his employment) without notice and retroactively was clearly unfair. Mr Gitonga had served only about a year of the fixed-term contract and he had about three years to go,” observed the court.

The judge said the cook did not contribute to the termination of the contract and he desired to continue in employment as per the agreement.

“The court has considered the aggravating factor that the employer repeatedly failed to address Mr Gitonga’s reasonable and well-founded grievances about overtime and other unpaid dues,” Justice Ongaya said while delivering the judgment.

The court ordered the county government to pay Mr Gitonga the money awarded to him by July 1, 2017.