A Kenyan doctor will be smiling all the way to the bank after he was awarded Ksh2.2 million by the Employment and Labour Relations Court.
Adil Hussain Gulam, a dentist by profession, who was attached to Mombasa County Government was let go after failing to show up for a disciplinary hearing.
In the ruling, Justice Agnes Nzei ordered the county to settle the Ksh2.2 million owed to the dentist as part of a four-month back pay.
He further directed the county to ensure that Gulam receives a letter of service within a period of 30 days and explained that the disciplinary proceeding was non-existent.
“An employee’s salary or wages is a crucial component of an employment contract. Wilful non-payment by an employee is not only repudiatory of the contract of employment, but also amounts to a wage offence under Section 17 of the Employment Act for which an employer may be prosecuted
"It is my finding that the meeting scheduled for November 23, 2017, never took place and no disciplinary proceedings were taken on that date,” the Judge ruled.
The doctor, in his suit against the county and some of its officials, argued that his contract was breached with the non-payment of salary.
The county, however, argued that the salary freeze was necessitated over his absenteeism, an argument he denied.
This comes days after a chef in Bungoma also earned a Ksh1.3 million award for unfair termination of his contract by a restaurant.
The chef, Michael Otieno Ouma, was fired from Bonito Hotels Limited after serving for three years.
According to the hotel, Ouma was contracted as a consultant and they did not consider that position as formal employment to warrant an exit package.
In her ruling, Justice Jemima Keli, however, sided with the complainant arguing that the hotel had no objection to the amount.
The judge also directed the hotel to reimburse the former employee for his suit case.
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