County ordered to pay sacked dentist Sh2.2 million
A court has ordered the Mombasa County government to pay a dentist Sh2.2 million as compensation for unfair termination of employment and four-month unpaid salary.
The Employment and Labour Relations Court also directed the county to issue Dr Adil Hussain Gulam with a certificate of service within 30 days.
Justice Agnes Nzei ruled that stopping Dr Gulam’s salary on allegations that he failed to attend an alleged disciplinary meeting that never was or for any reason amounted to a breach of his employment contract.
“It showed that the respondents no longer intended to be bound by the terms of the employment contract. This repudiatory breach entitled the claimant to treat himself as discharged from further performance of his contractual duties,” Justice Nzei said.
He added: “An employee’s salary or wages is a crucial component of an employment contract. Wilful non-payment by an employee is not only repudiatory of the contract of employment, but also amounts to a wage offence under Section 17 of the Employment Act for which an employer may be criminally prosecuted.”
Through his lawyer David Wachenje, Dr Gulam also sued the chief officer for medical services and the medical superintendent of Likoni Sub-County Hospital.
Justice Nzei said that the respondents did not prove allegations that Dr Gulam absented himself from work and left office early.
He noted that the claimed sign-in-sign-out register was not shown in court.
She also said that although the county government’s witness maintained that a scheduled disciplinary meeting was not postponed through WhatsApp as stated by Dr Gulam, the witness did not produce any minutes to show that it took place and what was resolved.
“It is my finding that the meeting scheduled for November 23, 2017 never took place and no disciplinary proceedings were taken on that date,” Justice Nzei ruled.
Dr Gulam had told the court he was hired as a dental officer (intern) and posted to Coast Provincial General Hospital in 2012.
After the internship, he said, he was posted to Likoni District Hospital as a dental officer and that he performed his part of the employment contract.
But he said that in February 2018, the respondents stopped his salary without providing a reason and thus he was unable to continue working at the hospital.
For its part, the county government claimed Dr Gulam was frequently absent from work without authorisation and had neglected his responsibilities.
It argued that withholding Dr Gulam’s salary was lawful and in line with Section 65(2) (a) of the Public Service Commission Act 2017 and that due process was followed in terminating his employment. BY DAILY NATION
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