By The Weekly Vision
The Chief Executive Officer of Afya Sacco Beatrice Mogire has been ordered by The Employment and Labour Relations Court to compensate a former employee for unfairly terminating his contract. In a ruling delivered on 3rd May 2023 by Judge Nzioki Wa Makau, Sacco was found guilty of unethical labour practices which led to the dismissal of Joseph Kipkemoi and awarded him Ksh. 1,658,880.
A lower court had initially erred in calculating Mr Kipkemoi’s compensation after Afya Sacco knowingly gave false figures for the computations. This forced Mr Kipkemoi to seek a review of the decision of the Court given on 20th April 2022. Mr Kipkemoi asserts that the Court applied the sum of Ksh. 92,140 as the factor in computing the award instead of Ksh. 220,280 and by using this sum, his award should be enhanced to Ksh. 2,643,360. He also submits that the judgment failed to award him notice pay which the Court should grant in the sum of Ksh. 220,280.
Afya Sacco on their part opposed the application claiming that it does not meet the requirements of the law as relates to review of judgment. The judge noted that Kipkemoi was successful in his claim before the Court. In his claim, he averred that he earned a basic salary of Ksh. 92,140 and a house allowance of Ksh. 46,100. The sum the Court should have used to compute is Ksh. 138,240 and as such the total compensation should have been Ksh. 1,658,880.
The ruling reads in part “The Claimant is therefore entitled to an award of Ksh. 553,200 in addition to the sum awarded as there is an error apparent on the face of the record.
