Woman wins Sh14m for wrongful sacking Share Bookmark Print Rating PHOTO/STEPHEN MUDIARI Beatrice Osir relaxes at her home in Lavington, Nairobi, December 14th, 2012. The high court has awarded her Sh14 million. PHOTO/STEPHEN MUDIARI Beatrice Osir relaxes at her home in Lavington, Nairobi, December 14th, 2012. The high court has awarded her Sh14 million. NATION MEDIA GROUP By PAMELA CHEPKEMEI pjepkemei@ke.nationmedia.com Posted Saturday, December 15 2012 at 00:30 SHARE THIS STORY 0 inShare A woman living with disability who sued her employer for wrongful termination and discrimination a year ago has been awarded about Sh14 million. Industrial Court judge Byram Ongaya found the employer, Teleposta Pension Scheme, guilty of wrongfully terminating Ms Beatrice Osir’s employment and ordered that she be paid Sh13.5 million. Ms Osir, an assistant pensions manager at the time of her sacking, is to receive a further Sh500,000 for having been discriminated against due to her disability. The Board of Trustees, Teleposta Pension Scheme, was also given an option of reinstating Ms Osir or pay her Sh13.5 million for wrongful termination and prospective earnings. In case the employer decides to give her back her job from January 1, 2013, she will work for 10 more years. Mr Justice Ongaya said the court did not find any valid reason for the termination of Ms Osir’s employment. “Employers are not at liberty to treat disciplinary proceedings as a venture in which the employee must be bushwhacked into a dismissal through pretended disciplinary proceedings,” said Mr Justice Ongaya. The judge said Ms Osir had shown that her dismissal was in bad faith. Ms Osir was employed as assistant pensions manager, information technology, until October 2011, when her services were terminated for alleged insubordination. She had initially been suspended from duty in April 2010 for alleged malpractices involving disposal of company property. But she was dismissed after being accused of failing to implement an upgraded information technology system and disregarding instructions given by her superiors. She moved to court and challenged the termination, citing several grounds against her employer. Ms Osir, through lawyer Judy Guserwa, told the court that she had been frustrated by being assigned tasks which involved going up and down the staircases, knowing very well her condition. Ms Osir walks with the aid of crutches. “The court finds that the claimant (Ms Osir) was discriminated against on account of disability as she was subjected to demeaning and embarrassing treatment,” said Mr Justice Ongaya. He said that Ms Osir had given a detailed testimony of discrimination. She had been assigned tasks in Kisumu where she was required to attend a court case on behalf of the employer. She had difficulty accessing the court premises, could not board a plane easily and used the official car that broke down on her way back to Nairobi from Kisumu. But she was asked by her immediate supervisor to explain the delay in getting back to the head office.

 

PHOTO/STEPHEN MUDIARI Beatrice Osir relaxes at her home in Lavington, Nairobi, December 14th, 2012. The high court has awarded her Sh14 million.  NATION MEDIA GROUP

By PAMELA CHEPKEMEI
Posted  Saturday, December 15  2012 at  00:30

 

A woman living with disability who sued her employer for wrongful termination and discrimination a year ago has been awarded about Sh14 million.

Industrial Court judge Byram Ongaya  found the employer, Teleposta Pension Scheme, guilty of wrongfully terminating Ms Beatrice Osir’s employment and ordered that she be paid Sh13.5 million.

Ms Osir, an assistant pensions manager at the time of her sacking, is to receive a further Sh500,000 for having been discriminated against due to her disability. The Board of Trustees, Teleposta Pension Scheme, was also given an option of reinstating  Ms Osir or pay her Sh13.5 million for wrongful termination and prospective earnings.

In case the employer decides to give her back her job from January 1,  2013, she will work for 10 more years.

Mr Justice Ongaya said the court did not find any valid reason for the termination of Ms Osir’s employment.

“Employers are not at liberty to treat disciplinary proceedings as a venture in which the employee must be bushwhacked into a dismissal through pretended disciplinary proceedings,” said Mr Justice Ongaya. The judge said Ms Osir had shown that her dismissal was in bad faith.

Ms Osir was employed as assistant pensions manager, information technology, until October 2011, when her services were terminated for alleged insubordination.

She had initially been suspended from duty in April 2010 for alleged malpractices involving disposal of company property.

But she was dismissed after being  accused of  failing to  implement  an upgraded  information  technology  system and disregarding  instructions given  by her superiors.

She moved to court and challenged the termination, citing several grounds against her employer.

Ms Osir, through lawyer Judy Guserwa, told the court that she had been frustrated by being assigned tasks which involved going up and down the staircases, knowing very well her condition. Ms Osir walks with the aid of crutches.

“The court finds that the claimant (Ms Osir) was discriminated against on account of disability as she was subjected to demeaning and embarrassing treatment,” said Mr Justice Ongaya. He said that Ms Osir had given a detailed testimony of discrimination. She had been assigned tasks in Kisumu where she was required to attend a court case on behalf of the employer.

She had difficulty accessing the court premises, could not board  a plane easily and used  the official  car that broke down on her way back to  Nairobi from Kisumu.  But she was asked by her immediate supervisor to explain the delay in getting back to the head office.