A night guard who was fired in 2016 for sleeping at work will be paid Ksh891,072 after a court-ordered his former employer to compensate him for unfair dismissal.
Evans Nyamboso was employed by JRS Group Security limited in 2004 and was sacked 12 years later with his employer saying that he had been a habitual sleeper at work.
Kisumu Labour Court awarded him the amount saying his action did not amount to dismissal.
His supervisor, Kiptoo Patrick Maru who testified on behalf of JRS said that on February 21, 2016, he visited a station where Nyamboso was guarding at 10 pm and hooted for a long time without any response.
“I even banged the gate and there was no response. The caretaker at the place went round the compound and found Nyamboso asleep,” Maru told the court.
Nyamboso told the court that he did not mean to sleep on the job.
“While on (night) duty I fell ill and started experiencing chest problems. I sought permission to see a doctor. On March 30, 2016 when I reported back I was informed that I had been replaced and should hand over company property immediately,” Nyamboso told the court.
Justice Mathews Nduma said that the reason provided by Nyamboso's former employer did not warrant his dismissal since he had been a faithful employee.
“Nyamboso has worked faithfully at JRS for 12 years. He worked overtime without pay, was underpaid and was not granted annual leave. He was not paid terminal benefits upon termination yet he did not contribute to the termination.” Justice Mathews ruled.
The judge found JRS to be at fault and ordered them to pay him the Ksh891,072 compensation as well as the legal costs he had incurred.
In 2015, a watchman who had reported to work drunk went to court seeking compensation after he was fired. The court ordered Daniel Mwanzau to be paid Ksh1000 after a case that took over five years to be completed.
Daniel had worked with his former employer for 13 years and had wanted the court to order his former employer to pay him Ksh714,000.
However, Justice Onesmus Makau stated that Mwanzau had acknowledged being at fault and was given an opportunity to explain himself hence the Ksh 1000 compensation.
