Daizy Cherogony. FILE PHOTO | NMG
The Kenya Airports Authority (KAA) has failed to file a reply to
a petition made at the Employment and Labour Relations Court by a
former security worker stationed at the Jomo Kenyatta International
Airport (JKIA) in Nairobi.
Ms Daizy Cherogony has sued the KAA alleging she was sacked for “mistreating” Cabinet Secretary Fred Matiang’i.
Justice
Byram Ongaya of the Labour court in Nyeri had given the State body up
to September 29 to file its response to claims raised by Ms Cherogony.
Her lawyer, Alex Bismana, said the Authority has also not made a proposal on any kind of settlement.
“We
have no option but to proceed to full hearing in their absence. We will
call our witnesses to testify in court and argue the claims of unfair
dismissal and compensation,” said Mr Bismana on Tuesday.
Security check
He said Ms Cherogony was sacked for asking Dr Matiang'i to queue for a security check like other passengers.
She is seeking compensation of Sh41 million for wrongful dismissal.
Her
lawyer told the court that the KAA has refused to compensate her
despite making several demands and notice to sue having been issued.
He
wants the court to declare that Ms Cherogony’s rights to fair labour
practices under Article 41 (1) of the Constitution were violated by the
employer.
Ms Cherogony also wants the court to rule
that subjecting Dr Matiang’i to security screening did not amount to
gross misconduct since it was part of normal procedures.
“KAA
breached its regulations in civil aviation which is set in its
operation manuals,” said Mr Bismana, adding that he had a security
expert from the civil aviation industry ready to testify on her behalf.
Compensation
The
former security officer wants Sh128,916 for payment in lieu of notice
monthly salary, Sh1,547,001 for wrongful termination and Sh116,720 for
unpaid salary increment as per the collective bargaining agreement.
She
is also seeking a house allowance increment payment of Sh60,000,
Sh43,137 for leave, Sh545,380 for unpaid holidays, Sh2,965,068 for
punitive, exemplary and aggravated damages for loss of career prospects
and Sh35,580,816 damages for loss of employment up to the retirement age
of 60 years.
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