A former Nation Media Group (NMG) employee on Friday won a case in which he had sued the stable for unlawful termination.
Despite the former freelance sales executive seeking Ksh7.8 million, Justice Byram Ongaya, the Principal Judge at the Employment and Labour Relations Court awarded the former staffer Ksh270,000.
In his suit, the former employee argued that he was terminated without notice or being issued with a warning letter.
The former employee, who worked for the company from 2010 to July 2017, was seeking a total of Ksh7.8 million inclusive of gross salary (Ksh1.8 million) and service gratuity (Ksh600,000).
He was also seeking 30 per cent month deduction on the salary (Ksh4.3 million), one month's salary in lieu of notice (Ksh150,000) and leave days compensation (Ksh1.04 million).
He also sought to be given a certificate of service since his termination was unlawful, illegal and malicious with reference to to the Employment Act.
"That it is due to unsatisfactory performance and failure to meet his targets that led to the termination after issuance of notice of more than 24 hours," read part of the court documents.
According to the employee, despite being dismissed, the media house did not pay the claimant his terminal dues as per the employment contract.
In response, the media house argued that the termination was not unlawful, illegal or malicious. Nation Media Group further explained that the former employee did not have any terminal dues because he was paid all his commissions.
The media house further told the court that the client was also not entitled to any of the reliefs he sought urging the court to strike them out.
After the two parties submitted their statements, Judge Ongaya ruled that there was a consultancy contract between the two parties. Further, the court, ruled that the termination was abrupt and without due notice and hearing.
"The termination was without due process as envisaged in sections 41 and 45 of the Act. It was procedurally unfair," the judge stated.
On remedies, the judge ruled that the employment had not justified his said monthly salary and it was contradictory to the media house's records showing that he was earning Ksh45,000.
Therefore, the court awarded him six months' salary amounting to Ksh270,000 excluding the PAYE. The judge declined to award the man the relief he was seeking.
"The court finds that no submissions were made to justify the other claims which are deemed abandoned," Judge Ongaya ruled.
