A pharmaceutical company has been ordered by the Employment Labour and Relation Court to pay a security guard Ksh 140,360 over illegal termination of his employment.
When making judgement,Lady Justice Linet Ndolo said that the court arrived at the decision after finding out Temple Stores Pharmaceutical Ltd terminated Mathews Otieno Omollo ‘s employment without justifiable cause.
Mathew stated that he was employed at the company effective July 11th 2010 as a security guard with a basic salary of Ksh 8000.
On September 12th 2013,Mathew was instructed by the managing director of the company to go on a 7 days leave but on reporting back he was told that his service were no longer needed.
The guard recounted how he was not paid his dues which are a month’s salary notice of ksh 12,548 among other benefits.In there defense,the company denied Mathew being an employee of the company and that the documents presented were forged.
The company also added that they have never hired a security personnel but they have been outsourcing from established security firms a statement that was found contradicting after sample letters of appointment ,payslips and employment cards were produced by the respondent.
The company Managing Director Mr Joseph Kiama who was the company’s witness said that he had received complains that Mathew was not reporting to work as required,a statement that was dismissed by Mathew that he had a domestic problem and Kiama had told him to go and sort it out but he was not given a return date.