More than 600 employees of the Nakuru-based Timsales Limited, who were sacked five years ago, have gotten a reprieve after a court ordered their employer to pay them their six months’ salary arrears each.
In total the employees will now receive up to an excess of Sh50 million, over wrongful dismissal.
Employment and Labour Relations judge Hellen Wasilwa, who delivered the judgement, ordered the giant timber company to pay the employees terminal dues including; a six months’ salary each, leave pay and gratuity, after it emerged that they were dismissed without fair hearing.
“It is therefore my finding that the employees were condemned by the Timsales Limited without being given a chance to be heard. Evidence and material on record suggest that their employment was mysteriously terminated and were not subjected to a fair disciplinary process contrary to the labour and employment law,” stated Justice Wasilwa in the judgement issued on January 17.
“This court therefore directs the employer to compensate each of the employees with a six-months salary. The claimants are also entitled to notice pay, leave pay and gratuity, “added the judge.
The court also ordered Timsales Limited based in Elburgon, Nakuru County, to issue each of the employees with a certificate of service.
Most of the employees worked in the timber company as loaders, tree cutters (power saw operators), transporters and millers.
The workers, in 2021, through the Kenya Building, Construction, Timber and Furniture Industries Employees Union, sued the timber company, over unfair dismissal.
They sought court redress where they argued that they were wrongfully dismissed from their positions.
They had accused the company of flouting the constitution and had contested the process that led to their dismissal.
In the suit, the employees averred that their employer unlawfully dismissed them from work without fair hearing, after they were accused of participating in an ‘illegal strike’ on July 25, 2018.
Their employer claimed in court papers that the workers also destroyed the company’s property.
In the suit, the employees sought compensation over unfair dismissal, payment of gratuity, leave pay, as well as reinstatement.
The company through its lawyer told the court that before laying off the workers they subjected them to a fair hearing and due disciplinary process.
They claimed that they gave the employees show cause letters and even invited them for a hearing before they fired them.
However, the court in its ruling dismissed the remedy of reinstatement saying that their three years’ contract had expired.
The court however found that they were entitled to payment of their terminal dues including notice pay, gratuity, leave pay, days worked and not paid for and a six months’ salary for each of the workers.
The court directed
The court also ordered the company to pay for the costs of the suit.