Samuel Nzuki Mutisya 38, from Matungulu, Machakos County served his employer with diligence and loyalty until 25th May 2015 when his employer wrongfully and unlawfully terminated his services.
For 11 years he worked at Sunrise Textile Mills Limited as a Machine operator before his boss accused him of sleeping on duty and chased him away from work. According to Samuel, his employer never issued him an appointment letter and even dismissed him verbally for no reason and failed to pay him his terminal benefits as well.
In September 2015 Samuel visited Kituo Cha Sheria office in Nairobi to seek legal assistance. John Mwariri, Kituo advocate picked up his case. He did a demand notice to Sunrise Textile Mills Limited to have the matter solved amicably out of court but they never responded.
Kituo Cha Sheria then filed the evidence and submissions at the Employment and Labour Relations Court in Nairobi on behalf of Sameul. For close to three years Kituo followed on this matter through responding to the respondents submissions until 18th May 2018 when the case was ruled in favor of our client.
In her Judgement delivered on 18th May, 2018, Hon. Justice Hellen S. Wasilwa cited that the reasons if any for which Mr. Samuel was dismissed are unknown and contravenes the provision of Section 43 of Employment Act.
She went further and explained, “I have considered the evidence and submissions filed by both parties. The Applicant has indicated he was an employee of the Respondent until he was dismissed. Nevertheless, there is proof that the Claimant served the Respondent over a period of time. The Respondent was obliged to issue him with an appointment letter spelling out the terms of the engagement. This was never done”
According to Hon. Justice Hellen, the respondent failed many tests. The respondent issued the Claimant with a letter stating his duties but which never spelt out the detailed terms expected in an employment contract including leave, separation, discipline etc. Their claim that the Claimant absconded duty was hearsay. They also failed to subject the Claimant to a disciplinary process before terminating his contract as envisaged under Section 41 of Employer Act.
“It is my finding that the Claimant was dismissed without any valid reasons and without due process. I therefore find the dismissal unfair and unjustified” Hon. Justice Hellen concluded.
A very thankful Samuel who is yet to find employment elsewhere was grateful to all Kituo officers who assisted him in his pursuit of justice.
“I’m so grateful to Kituo Cha Sheria for taking up this matter on my behalf. I’m happy that finally I have emerged victorious and I’m satisfied with the ruling since it has incorporated all the compensation that I had asked for the damages caused.” said Samuel.