Former journalist to be paid Sh2m for illegal termination of employment
Public broadcaster Kenya Broadcasting Corporation (KBC) has been ordered to pay a former employee Sh2million for illegal termination of his job and discrimination.
Justice Mathews Nduma Nderi said the actions by KBC, firing Mr Vincent Suyianka Lempaa for agitating for his rights was unfair.
Mr Lempaa had led his colleagues to a strike six years ago, agitating for reforms at the station.
The court ruled that Mr Lempaa was entitled to payment of all the money he was improperly denied from the date of promotion since he was wrongfully and unlawfully deprived of his employment.
“The claimant was not paid terminal benefits upon termination. The claimant suffered loss and damage at the hands of a public employer who chose to violate the law to his detriment,” the Judge said.
He ordered KBC to pay him Sh2,052,764 with interest from the date he filed the case.
FIRED
Mr Lempaa said he was employed by KBC in October 2005 and in November 2010, he was promoted to broadcast assistant a position he held until July 6, 2012 when he was fired.
In the termination letter, he was accused of gross misconduct and disclosure of confidential information.
But he said his former employer never summoned him to make any representations of defend himself against the allegations contrary to the Employment Act.
He said the action was biased and actuated by malice and aimed at victimizing him for attempting to demand for his rights.
He said although he was promoted, his salary was not adjusted to reflect the promotion for about 20 months.
The broadcaster, on the other hand, accused him of being rude towards the Chief Editor Mr Vitalis Musebe.
VICTIMIZED
But the complainant said he was victimized for voicing dissent to the Permanent Secretary for failure to be awarded salary increase upon promotion.
It emerged that he had written a collective memo on behalf of all affected colleagues as an advocate. All affected employees signed the memo.
After failing to address the grievances, they went on strike on February 29, 2012 and petitioned Parliament to investigate their complaints.
The Minister for Information and Broadcasting at the time promised to address the matter and that grading would be done.
Parliament castigated KBC for poor management and a return to work formula was agreed upon for May 5, 2012. They agreed to return to work without victimization.
In reply, KBC defended the termination saying it was fair and that the right procedure was followed.