Court Awards Millions to Employee Fired Through Newspaper Advert

• The Court of Appeal has upheld a compensation award of more than GHS86,000 to a former employee of a company after ruling that his dismissal was unlawful
• The compensation package includes damages for unfair dismissal, unpaid commissions, salary arrears, one month's salary instead of notice, and payment for accrued leave days
• The appellate court ruled that the company had not shown any legal basis to overturn the lower court's decision and dismissed the appeal with costs

The Kenya Court of Appeal has upheld a decision awarding more than KSh4.7 million, amounting to GH₵ 86,000, in compensation to a former employee of Romageco Kenya Limited after finding that his dismissal was unlawful.

Hudsom Kidaha Kisigwa, who worked as a salesman for the company from 2005 until May 2010, challenged his dismissal before the Employment and Labour Relations Court.

He argued that he was dismissed while on certified sick leave and was never issued a formal termination letter or given a disciplinary hearing.

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Instead, Kisigwa told the court that he learned of his dismissal through a termination notice published in the Daily Nation newspaper.

In a ruling delivered on June 12, a three-judge bench of the Court of Appeal agreed with the lower court that the company failed to follow the legal process required before terminating his employment.

The judges also found that the dismissal was linked to Kisigwa's complaints about unlawful salary deductions made over dishonoured customer cheques that were not his responsibility.

In addition to compensation for unfair dismissal, the court upheld awards covering unpaid commissions, salary arrears, payment instead of notice, and accrued leave days.

The appeal by Romageco Kenya Limited was dismissed, with the company ordered to pay the costs of the case.

Source: YEN.com.gh