Blow to Sarova Hotels Limited after an Employment court ruled that it had unfairly dismissed its former Assistant Head of Security, Michael Arum Owuor.
Nakuru Employment and Labour Relations Court ruled that although the termination was based on valid reasons, the disciplinary process violated his rights.
“It is therefore my finding that his termination was unfair and I declare that so,” Lady Justice Hellen Wasilwa ruled.
Sarova terminated Owuor’s contract on January 22, 2019, for failing to follow hotel policies.
It claimed that Owuor had committed egregious misconduct by failing to follow stringent procedures before releasing commodities stored in its field of operation.
The complainant had been with the corporation for 20 years as of January 22, 1999 before he was sacked in 2019.
Owuor asked the court on November 26, 2020, to have him reinstated unconditionally without loss of any monetary advantages or to be granted maximum compensation for the wrongful termination.
He also sought orders to have the company pay the costs of the suit and interest on the amount rewarded.
The court heard the testimonies of both the Owuor and Sarova Hotels and concluded Owuor could not be reinstated.
This is owing to the provision of Section 12 of the ELRC Act which envisages that a reinstatement can only be effected within three years from the time the cause of action arose.
Having been fired in 2019, three years elapsed in 2022.
Further, Judge Wasilwa ordered that the claimant gets a compensation of six months for unfairness in the disciplinary process.
During his tenure, Owuor earned a basic salary of Sh48,750 and a house allowance of Sh16,250.
This means that Sarova will pay the former employee Sh390,000.
The judge further awarded him three months’ salary in place of notice as per clause 9 of the CBA, being Sh195,000.
