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Security guard fired for asking to be shown washrooms awarded KSh 171k in damages

A security guard who was fired for requesting to be shown the washrooms is a happy man after being compensated for wrongful dismissal.

Johnson Otieno Ogola a former employee of Hatari Security Guards was awarded damaged amounting to KSh 171,000 by a court after he sued his employer.

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According to court documents, Ogola was assigned to work at Mapara Homesteads as a night guard.

However, things went wrong between him and his employer on September 18, 2016 after Ogola.requested to be shown whefe the washrooms were.

According to the security guard, his request might have been received badly by the client whose property he was guarding.

“The Claimant asserts that immediately after this request, he was summoned to a meeting by the Respondent’s management whereat he was accused of being rude to the Respondent’s clients and reporting to work while drunk. Consequently, he was terminated,” court documents read in part.

Following his dismissal, Ogola headed to court arguing that due processes were not followed before his termination.

“It is his contention that no notice to terminate was issued to him prior to his termination and neither was a disciplinary hearing conducted,” the statement reads further.

As a result, Ogola demanded damages for unlawful termination, underpayment, further noting that he worked overtime and was never paid a house allowance.

After a series of court hearings and presenting evidence, Judge B Manani ruled that Ogola would be awarded damages for wrongful termination.

He itemized the payments in terms of KSh 12,597 as salary in lieu of notice, KSh 73,303 for house allowance and underpayments, as well as service pay worth KSh 11,776.

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The damages included payment in lieu of leave amounting to KSh 23,552 and KSh 50,391 as compensation for wrongful termination equivalent to four months’ gross salary.

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