A man dragged his former employer to court four years ago in hope of winning a wrongful termination case.
Joel Tipapa Nolpoor sued St. Bakhita Girls Rescue Home through Kenya Union of Domestic, Hotels Educational Institutions and Hospital Workers back in 2019.
In his suit filed at the Mombasa Employment and Labour Relation’s Court, Mr Nolpoor argued that his employer illegally dismissed him and therefore owed him a sum of Sh308, 652.
Mr Nolpoor requested payment of Sh35,145.80 in lieu of termination notice and one year’s annual leave, Sh60,874 for underpayment of wages, and a service gratuity of 10% of base pay, or Sh1757.20.
He also requested an additional compensation of Sh210, 874 for his unlawful termination, as well as a declaration that his dismissal was illegal.
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Mr Nolpoor argued that his former employer on June 6, 2018 hired him as a day security guard and a year later terminated his employment without cause.
He further claimed that he never received a warning and that no adverse warnings were issued during his time at the company.
“On May 10, 2019, the respondent issued a new letter of employment for same one[1]year tenure but omitted the gratuity in the earlier letter,” he told Justice Byram Ongaya.
He also stated that he had applied for a contract renewal, a request that was denied. According to court papers, the plaintiff was fired on May 31, 2019, after the contract expired.
The institution, on its part responded by denying the claimant’s allegations and claims and requesting that the suit be dismissed with costs.
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Testifying on behalf of the defendant, Mercy Shiundu denied the plaintiff’s allegations of wrongdoing.
During the hearing of the case, it was revealed that the plaintiff was paid an additional Sh3,000 per month for the milking of cows.
The grievant was initially hired on a one-year contract, evidence by both parties showed.
After hearing both sides, Justice Ongaya concluded that the plaintiff’s contract period had expired and that the contract had been terminated by effluxion of the contractual term.
The judge also stated that Mr Nolpoor’s alleged unjust dismissal was erroneous.
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The judge further found that because the contract was for a one-year fixed duration, the claim for remuneration in lieu of termination notice could not be granted.
The contract’s clause 13 (b) stated that the contract might be terminated without notice at the conclusion of each contractual period if either party did not choose to renew.
“The Court finds that parties were bound accordingly. The court further finds that the claims for under payment and house allowance were unjustified,” said Justice Ongaya.
The court also found that the complainant had falsified the facts in his claim for payment. For example, the court determined that the evidence showed he was provided a home allowance, notwithstanding his argument that he earned Sh9,000.00 per month.
As a result, the court ordered that Mr Nolpoor receives a Sh1,200 payment.
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“In conclusion judgment is hereby entered for the claimant against the respondent for payment of Sh1, 200,” said the judge.
According to section 51 of the Employment Act of 2007, the institution must issue the claimant a certificate of service.
“Looking at parties’ margins of success, each party bears its own costs of the suit,” he added.
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