High Court awards guard fired ‘for being a woman’
4 months ago, 22 July 13:40
A female security guard who moved to court challenging her employer for firing her on gender grounds has won the case.
Elizabeth Nungari Wangui who was working for Fidelity Security had moved to court challenging her termination in 2014.
In her claims, Wangui stated that she was unfairly fired and demanded compensation of Sh235,232 from the security firm.
Wambui, in her court documents, stated that she was employed in November 2008 earning Sh17,186 per month.
But in 2014, her services were terminated without cause and told to leave duty because the respondent preferred a man.
In their response, the security firm stated that Wangui’s case lacked merit and substance and should be dismissed with costs.
Wangui further testified that she was not paid for the last month served and that she should be awarded Sh8,593 for half-month served up to January 16, and a further Sh17,186.00 pay in lieu of the termination.
In its decision, the court ruled that the security firm offered no evidence to rebut the reason for termination as presented by the claimant in her testimony.
“The claimant had served for more than five years, she did not contribute to her termination and the reason for termination was the unlawful discrimination on account of sex” read the judgment delivered on July 6 by labour and relations court in Nairobi.
The judge further ruled that: “The claimant’s termination was unfair and the respondent should pay the claimant a sum of Sh244,041 by September 1, 2018, failing which interest be payable thereon from the date of the judgment till full payment.”
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