Court awards accountant Sh1.8 million in long-overdue payments

Lady Justice Hellen Wasilwa on 12 January 2016. [GEORGE NJUNGE, Standard]

An accountant who was dismissed by a travel agency has won Sh1.8 million in unpaid dues.

John Owiti said Highlight Travel Limited owes him unpaid annual leave for the years 2019 and 2020 amounting to sh298,226.

He accused the former employer of unlawfully withholding salary from the months of March 2020 to March 2021, totalling sh1,789,356.

Owiti also sought damages for discrimination in the workplace and sought for a certificate of service to be issued.

Justice Hellen Wasilwa said that Owiti ought to be paid damages considering the constructive dismissal and the way he was handled, as he was going through a tumultuous time with a sick child with cancer.

"It is therefore my finding that the claimant is entitled to payment of sh.3,727,825 less sh.1,850,000 already paid. Balance due: sh1,877,825 less statutory deductions," said Wasilwa.

She said Owiti never consented to the payment to serve a full and final satisfaction of the claim.

“It is my finding that though the claimant (Owiti) was paid sh.1.85 million, he left room to pursue his claim, which this court shall put into consideration in the final award,” said Justice Wasilwa.

Owiti was employed as a Senior Accountant Manager for Reconciliations at Highlight Travels Limited on an annual salary of sh.780,000 and sh20,000 to cater to transport and telephone expenses.

He said that the employer undertook performance appraisals once in the year 2014 during the ISO certification process until his alleged unlawful dismissal from employment in 2021.

Owiti said his terms of employment, especially emoluments, would be revised subject to the appraisals, and he would be afforded equal opportunities at the workplace and not discriminated against at the workplace.

He said that in the year 2015, he was diagnosed with non-Hodgkin’s lymphoma, a type of cancer that attacks the face, which precipitated discriminatory actions by the employer at the workplace.

Owiti said he was transferred from the Finance Department to the
Credit Control section, a department where he had no qualifications, knowledge, or experience.

He was further assigned the clerical duties that did not require the application of expertise and moved to the Registry, which is occupied by the clerks.

Owiti said that when he filed a formal complaint, he was transferred to Othaya Road in Kileleshwa with the intent to further frustrate him.

He said the employer was aware that he had a sickly child who needed his attention before reporting to work and that Othaya Road was far from the CBD, necessitating him to adjust his timelines to leave home earlier than usual to arrive at work on time.

The accountant said he would take at least 3 matatus and walk a distance to get to the office.

He said the employer denied and delayed his approval to take his sick daughter to India, which led to him incurring higher costs.

Owiti said that in 2015, the travel agency employed another senior accountant for reconciliations in the exact position he held, at a salary of sh.300,000. He stated that the discrimination was evident to all, making him a constant subject of ridicule from his fellow employees. However, due to his daughter’s illness, he sank into debt from medical expenses and could not afford to resign.

Owiti explained that during the Covid-19 pandemic, he was placed on unpaid leave for three months, which was later extended indefinitely, leaving him unable to seek alternative employment.

He said he was ultimately forced to resign on March 21, 2025, after the employer failed to recall him to work despite several written requests.

However, the travel agency insisted that Owiti was treated fairly in a reasonable and non-discriminatory manner to the extent of being granted necessary support to attend to his child.

The employer said they offered financial support and time away from his work to attend to his child when necessary, and he benefitted from their highly subsidised travel costs to India.

The travel agency stated that due to the severity of Owiti’s daughter’s illness, his working relationships were affected. As a result, he was transferred to other roles within the organisation to ensure continuity of work without any issues arising during his term of employment.

The employer further explained that the COVID-19 pandemic severely impacted its tours and travel business, as travel restrictions were imposed to curb the spread of the virus, ultimately leading to the suspension of operations.

The agency confirmed that it had agreed to pay Owiti sh.1,850,000 by December 22, 2021, and that he would retain access to his pension.

Additionally, the agency agreed to cover the legal fees incurred by Owiti, all as part of the consideration for the withdrawal of his claim.