Court orders firm to pay employees Sh4m for unfair dismissal

Kenya Petroleum Refineries Limited has been ordered to pay four former employees more than Sh4 million for unfair dismissal.

Justice Linnet Ndolo of Employment and Labour Relations Court made the orders following a case filed by Kenya Petroleum Workers Union on behalf of Wycliffe Apollo, Charles Kithi Kazungu, Fredrick Busaka and Jesse Waweru Kung’u.

The four, who were employed on diverse dates, were sacked on January 26, 2017. On January 9, 2017, the four were suspended from duty, pending investigations into the loss of unspecified products. A week later, they were invited to a disciplinary hearing. The four were dismissed for gross negligence and dereliction of duty.

On July 31, 2017, a conciliator declared the dismissals unfair and recommended their reinstatement. The company, however, declined to implement the conciliator’s recommendation hence the decision to sue the firm.

The four sought to be reinstated and or in alternative be paid salaries for 12 months and terminal benefits.

The judge noted the four were neither served with specific charges nor allowed adequate time to prepare their defence.