The Director of Central Police Station Canteen has been ordered to pay a former cook they sacked claiming he was mad Sh189,000.
Employment and Labour Relation Court Judge Onesmus Makau found the termination of Oscar Kituto’s employment was unfair.
“I further found that claimant’s (Oscar Kituto) is entitled to compensation for unfair termination plus terminal damages accruing from his terminated contract”, ruled Makau.
The judge said Director of Central Police Station Canteen failed to produce records proving that Kituto had exhausted his leave days , contrary to section 74 (1) of the employment Act 2007 which requires an employer to keep records regarding an employee’s annual leave entitlement.
“An employee is entitled to an annual leave of not less 21 days. The claimant has used this as the basis for his computation. This claim is granted as prayed”, ruled the judge.
Oscar was employed at the canteen on August 2001 as a cook earning basic salary of Kshs. 2000 . His work started from 4:30 am and ended at 9pm.
His salary was increased to Kshs 7,000 but nothing more was paid as paid as house allowance.
As a result of low pay and long hours of service he suffered stress and had to use very expensive medicine forcing him to agitate for better pay.
However, his services were terminated on grounds that he was mad and the matter was referred to the labour office for conciliation.
The director of central police station canteen did not turn up forcing Kituto to file the case.
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