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Guard who was kicked out for questioning lack of toilets at workplace awarded Ksh171K for wrongful dismissal

By Nyaboga Kiage On Tue, 14 Sep, 2021 12:10 | 2 mins read
Hatari Security Guards

A security guard who was kicked out of his job by his bosses after he asked to be shown washrooms he will be using while on duty will smile all the way to the bank after a court ruled that he is paid Ksh171,000 for wrongful dismissal.

Court documents seen by this reporter reveal that Johnson Otsieno Ogola was an employee of Hatari Security Guards and was assigned night duties at Mapara Homesteads which are located along Desai Road.

However, after days of working and suffering because of lack of toilets, Ogola asked his employer to show him toilets that he should be using during the night.

On September 18, 2016, Ogola asked the owner of the houses he was guarding to show him lavatories he would be using at night.

The client never took the matter lightly and informed the management of Hatari Security that Ogola was rude and not willing to work.

“He was summoned by his managers in the main office where he was told that he was rude to the client and he usually reported to work while very drunk. Consequently, he was terminated,” court documents on the matter read in part.

Ogola’s efforts to refute the claims fell on deaf ears and this made him seek help from a lawyer who offered to represent him in court.

In his argument, the guard’s lawyer told the court that the termination of Ogola’s contract of service was unfair.

He further said the manner in which he was sacked was in contravention of the Employment Act, as well as the Kenyan constitution.

“It is his contention that no notice to terminate was issued to him prior to his termination and neither was a disciplinary hearing conducted,” the statement read in part.

The lawyer also said that the termination was unlawful because he was receiving a salary of Ksh9,000 which is below the statutory minimum for employees in his category.

The night guard also said that he was working overtime and the company had not considered giving him house allowance.

Judge B Manani in the ruling said that the evidence and defence tabled before the court were clear that Ogola should be rewarded for wrongful dismissal.

The money the Judge said should be paid as follows; ksh73,303 for house allowance and underpayments, service pay worth ksh11,776 and Ksh12,597 as salary in lieu.

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