The Employment and Labour Relations Court (ELRC) Judge James Rika has ordered Bullworks Design Factory to pay Reynolds Mungai Ksh 1.2 million for dismissing him unfairly.
Reynolds told the court that he was employed by the company on March 9,2020 at a monthly salary of Ksh 170,000.
However, on April 1, 2020, the Company amended his net monthly salary to Sh156,110.
He was later put on a probation period for two months, which would end on May 9, 2020.
After May, the period was extended and according to Mungai, he concluded that his employment had been confirmed and expected to receive all the benefits as stipulated in his contract letter.
To his surprise, Bullworks Design failed to pay him, persistently, as he was only paid once, a sum of Sh81,000.
On June 15, 2020, Bullworks issued him with a letter, purporting to terminate his probation period.
He told the Court that the termination breached his right to fair labor practices, his salary was withheld, he was not given a reason to justify his termination and was not accorded an opportunity to respond.
He claimed Sh461,580 in salary arrears considering he had only been paid once, Sh81,387 house allowance for the period from March to June and Sh6,332 airtime and internet expenses for May and June.
He also claimed a notice pay of Sh179,526, eight months’ salary for the remainder of the contract period, at Sh1,436,212, USD 1,000 bonus, unlawfully withdrawn by his former employee.
Further, he prayed for damages for unfair termination.
The Court concluded that since Mungai’s probationary period had ended, it was unfair for the Company to purport to terminate it.
The Court upheld and granted the claim for salary arrears as pleaded at Sh461,580.
Judge Rika also allowed the claimed house allowance, airtime, and internet expenses, a Sh153,200 (USD1,000) bonus, and the notice pay.
“The complainant is hereby granted compensation for unfair termination, equivalent to two months’ gross salary at Sh353,052,” ruled the Judge.
