Chandarana Supermarket outlet in Nairobi. FILE PHOTO | NMG
The Court of Appeal has affirmed a Sh1
million award given to a woman who was sacked five years ago after
filing a sexual harassment complaint.
Judges
Roselyn Nambuye, Wanjiru Karanja and Sankale ole Kantai ruled that Ms
Cathie Akinyi Nana, a clerk, deserved the compensation from her former
employer, Chandarana Supermarket.
While
the retailer had asked the court to set aside that award granted
earlier by the Employment and Labour Relations Court, the appellate
judges dismissed that request.
“We
have also reconsidered the circumstances leading to the claim of sexual
harassment and the award; we are not persuaded that the amount awarded
was excessive. Ultimately, we find no merit in this appeal and dismiss
it accordingly,” the judges ruled.
Ms Nana told the court that her woes with her former employer started when she fell ill on March 16, 2015.
She
was granted three days' leave but, on reporting back and after giving
medical documentary evidence, she was handed a notice to show cause for
her absence. She was then dismissed on July 21, 2015.
Ms Nana said her dismissal had nothing to
do with absence from work but had everything to do with a complaint she
had made against one Pius Patel for sexually harassing her.
She
claimed that the human resources manager faulted her for raising the
complaint with the head office instead of her department manager and
supervisor. Ms Nana said her direct supervisor had criticised her for
raising the complaint.
She said
the notice was an attempt to cover-up and protect the management as it
had no legitimate cause for firing her yet there was a need to justify
why she had to be dismissed.
Ms Nana moved to court in August 2015 and sued her employer over unlawful termination of services and sought damages.
She
also wanted the retailer compelled to issue a policy statement on
sexual harassment or incorporate the same in the contracts of service
for its staff.
But the retailer
argued that its code of conduct comprehensively set out what constituted
sexual harassment and the venue for seeking redress.
The
retailer also argued that Ms Nana did not file any sexual harassment
complaints as alleged and that she was absent without permission, hence
raised the claim to shield herself from disciplinary action.
The
judges also fined the director of Chandarana Sh30,000 for failing to
incorporate a sexual harassment policy statement within 60 days as
ordered.
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