An ex-employee of a sugar company whose contract was terminated while he was still in rehabilitation has been awarded KSh 728,712 for unfair firing.
A Bungoma court heard that Kennedy Mugaka trailed the onset of his addiction due to the nature of his work as a distillation lab technician at Mumias sugar company.
"During the process of distillation, we do an organoleptic test to ascertain the quality of liquor produced. This meant that I smelt and tested samples," he explained. He also mentioned how he would get intoxicated from the fumes emanating from the lab.
He further added that the millers' ethanol plant can produce up to 22 million liters of ethanol in a year which he was exposed to every day.
In his testimony, Mogaka said how working in rooms full of alcoholic vapor promoted his addiction that later led to his dismissal from work.
Mogaka was arrested by security guards after being announced drunk at work and spent the night at Booker's police post with no charges preferred against him.
He was consequently suspended, on half-pay, as he underwent addiction treatment. Later, he was handed a show-cause letter with no hearing.
The company's lawyer revealed that Mogaka had previously received a warning letter for being drunk and was ordered to go for rehabilitation.
The company did not present witnesses to dispute Mogaka's testimony with the court faulting the company's decision to end his employment.
Justice Mathews Nduma noted the employer had assumed responsibility by taking Mogaka for rehabilitation after realizing the addiction hailed from work.
“It was wrong and unfair to terminate the employment of Mogaka while he was still at the rehabilitation center. Indeed, he would in an appropriate cause be entitled to damages for wrongful exposure to a harmful substance which led to his alcohol addiction which was misconstrued to be misconduct,” he added.
The court ruled in his favor on grounds that terminating his contract while he was in rehabilitation was unjust. Mogaka was granted Ksh728,712 in damages which included five months salary during the termination.
