A watchman who was sacked for sleeping on the job stands to earn Sh891,072 following a court ruling ordering his former employer to compensate him for wrongful dismissal.
The JRS Group Security limited sacked Evans Nyamboso on March 30, 2016, after 12 years at the firm.
Nyamboso’s supervisor, Kiptoo Patrick Maru, testified on behalf of JRS saying he found the guard sleeping on February 21, 2016.
The supervisor said he had visited the guard’s station at around 10 pm and hooted at the gate but there was no response.
“I even banged the gate and there was no response. The caretaker at the place went round the compound and found Nyamboso asleep,” he said.
In his defence, Nyamboso told Labour Court in Kisumu he was ill at the time.
“While on (night) duty I fell ill and started experiencing chest problems. I sought permission to see a doctor. On March 30, 2016 when I reported back I was informed that I had been replaced and should hand over company property immediately,” Nyamboso testified.
The court ruled that the reason provided by Nyamboso’s former employer did not warrant his dismissal.
“Nyamboso has worked faithfully at JRS for 12 years. He worked overtime without pay, was underpaid and was not granted annual leave. He was not paid terminal benefits upon termination yet he did not contribute to the termination.”
Justice Mathews Nduma said JRS was at fault and ordered the firm to pay Nyamboso Sh891,072 compensation as well as the legal costs he had incurred.
