By The Weekly Vision Team
Judge Onesmus Makau of the Employment and Labour Relations Court has issued a significant ruling in favour of Phineas Kigera and Isabella Kunga, who were previously employed at Munithu Girls High School. The court has directed the school’s Board of Management (BoM) to compensate both individuals following claims of unfair dismissal.
Phineas Kigera, who worked as an accounts clerk from 2002 until he was dismissed on May 15, 2020, contended that his termination was both unfair and unlawful. He sought the following reliefs:
Payment in lieu of one month’s notice, totaling Kshs. 32,814.
Compensation for 12 months’ salary due to unlawful dismissal, amounting to Kshs. 393,768.
Gratuity for 18 years of service, amounting to Kshs. 1,017,234. Isabella Kunga, employed as a copy typist since January 1988, was transitioned to a matron role in December 2020 and was summarily dismissed on January 8, 2021. She claimed her dismissal was also unfair and unlawful and sought the following reliefs:
Payment in lieu of one month’s notice, totaling Kshs. 24,905.
Compensation for 12 months’ salary due to unlawful dismissal, amounting to Kshs. 298,860.
Gratuity for 32 years of service. In its response dated September 18, 2023, the BoM acknowledged the employment of the claimants but disputed the claims of unlawful dismissal, asserting that terminations were due to gross misconduct and that proper procedures were followed. Phineas Kigera testified that he was dismissed without a hearing or prior warning despite allegations of financial mismanagement. He also detailed that after his dismissal, a conciliation meeting was held on May 28, 2021, which included the board chairman, a board member, and the school principal.
Isabella Kunga also testified, asserting that her dismissal was abrupt and lacked proper procedure. She explained that despite receiving a deployment letter in November 2020, she never signed it and continued in her role until her dismissal. Kunga further stated that her dismissal letter cited various allegations, and she was not given an opportunity for a hearing. She reported the issue to her union, which led to a conciliation meeting on May 28, 2021, resulting in a settlement agreement that was not honoured by the respondent.
In his ruling, Judge Makau awarded Phineas Kigera a total of Kshs. 229,698, which includes:
One month’s salary in lieu of notice: Kshs. 32,814. Six months’ salary as compensation: Kshs. 196,884.
For Isabella Kunga, the court awarded a total of Kshs. 1,120,725, which includes: One month’s salary in lieu of notice: Kshs. 24,905. Twelve months’ salary as compensation: Kshs. 298,860.
Gratuity for 32 years: Kshs. 796,960.
