An Equity Bank branch in Nairobi. The bank was assigned an AA-rating, a
stable outlook, by Global Credit Rating agency in 2012. FILE
By Galgallo fayo
A former Amref boss who worked in the company
for four decades has moved to court demanding Sh139 million for unfair
early retirement. James Heather-Hayes filed a case in the Industrial
Court, claiming that his employment was wrongfully terminated four years
ago.
Mr Hayes who served the company since 1970 says
Amref introduced a policy requiring employees to retire at the age of 65
years, specifically targeting him and without his knowledge.
“There is no genuine situation that could be
advanced to abruptly introduce an age limit cap calculated to target a
particular individual and unfairly prejudice him and his legitimate
expectations,” said Mr Hayes in a document filed in court.
He is suing for monthly pay of Sh892,000 for the
remaining 48 months to the end of his contract, totalling Sh42.8
million. He further wants the company to pay him a severance pay of
Sh24.4 million.
Mr Hayes in addition claims gratuity of Sh61.4
million for the 41 years he served Amref and a further Sh10.7 million
damages for wrongful termination.
His tribulations with his employer, according to
papers filed in court, started in February 2011 when he was presented
with a one-year contract instead of the usual four-year contract as
provided in the company’s human resource policy for his grade.
Mr Hayes said he protested the move and only
accepted to sign the new short contract after he was assured that he
would be seconded to the Amref Flying Doctors.
A few months later in September, the company
introduced a new clause in the company policy making it mandatory for
employees reaching 65 years to retire from employment.
He was subsequently served with the termination letter in accordance with the new policy in October 2011.
Mr Hayes said he protested his dismissal and asked
the company to pay him redundancy package for the remaining four years.
The company responded that he was not entitled to any redundancy
package.
“The claimant is entitled to an order of
reinstatement and in the alternative, an order for payment of damages,”
states the court document.
He says the company has refused to negotiate with
him forcing him to move to court. He claims his abrupt dismissal has
made him destitute with no other means to maintain himself.
Mr Heather-Hayes says the termination of his contract was unlawful since it denied him chance to serve his remaining term.
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