Eight months have passed since Judge J. Nduma of the Employment and Labour Relations Court in Nairobi ordered Africare Ltd., a healthcare service provider, to compensate Mr Alfred Gakumbi for wrongful termination. However, the management has yet to comply with this ruling.
Mr Gakumbi was the Head of Human Resources before being promoted to Vice President of Human Resources and Administration, where he earned a monthly salary of Kshs. 350,000 along with a Kshs. 50,000 petrol allowance. In early 2019, he was added as a signatory to the hospital’s bank account. By November of that year, he was authorized to manage all company transactions via cheques and online banking.
On November 27, 2018, Gakumbi claims he was publicly humiliated by the Chief Operating Officer, who ordered him to leave a meeting for being late, despite his explanation that he had been on leave when a notice for the meeting was sent out.
He received a notice to show cause on December 2, 2019, after being accused of creating a culture of fear, unfair recruitment practices, failure to maintain accurate records, lack of a transparent appraisal system, and persistent lateness by the management. Two days later, the CEO instructed him to hand over all human resources files to the Chief Operating Officer without giving him any reason. He subsequently received a letter on December 16, 2019, summoning him to a disciplinary hearing. The management found his written response inadequate and ordered him to attend another hearing on December 19, 2019, where he was kept waiting for over an hour. This meeting was then rescheduled for January 6, 2020.
The judge ruled that Gakumbi’s termination was unlawful and unfair, noting that he was mistreated by the Chief Operating Officer and lacked the necessary materials to defend himself. The allegations against him were vague, with no witnesses called to support the claims, and his accusers were not identified or present at the hearing.
The judge pointed out that Gakumbi suffered significant humiliation in front of junior staff, and the CEO further dismissed him despite his senior position. Gakumbi had been a high achiever, advancing rapidly within the organization until he faced abrupt management action, resulting in his unjust termination.
The court found no evidence that Gakumbi contributed to his wrongful termination and acknowledged the substantial financial losses he incurred. Having worked with the organization for six years, from November 20, 2014, to January 17, 2020, he received no compensation for the damages suffered by him and his dependents. Ultimately, the judgment awarded Gakumbi Kshs. 3,500,000 in compensation.
