Kisumu labour court has ordered a security company to pay one of its ex-employees Ksh891,072 for wrongful dismissal.
Evans Nyamboso was sacked from JSR Security Group on Feb., 30, 2016 after 12 years of service.
Nyamboso told the Court that he had requested for day off to go and see the doctor for chest-related health problems.
But the company alleged that Nyamboso slept while on duty. “I visited the place (where Nyamboso was guarding) at 10:00 pm. I banged the gate and there was no response,” Patrick Maru, a caretaker told justice Mathews Nduma.
In his defense side, Nyamboso said he had requested for permission from his employer owing to his ill-health.
“While on (night) duty I fell ill and started experiencing chest problems. I sought permission to see a doctor. On March 30, 2016 when I reported back, I was informed that I had been replaced and should hand over company property immediately,” Nyamboso told Justice Mathew Nduma.
Justice Nduma ruled in Mnyamboso’s favour: “He worked overtime without pay, was underpaid and was not granted annual leave. He was not paid terminal benefits upon termination yet he did not contribute to the termination.”