Receptionist demands Sh1.8m for unfair dismissal over phone call at work

Prideinn Flamingo, a five-star franchise of the Prideinn Hotels, Resorts and Camps Group, has been sued for sacking its receptionist, Holidah Wangui, for being on the phone with her sick child.

Wangui said that her job as a receptionist was terminated because she was found on the phone by the manager.

She said that although, at the time she was found with a mobile phone at the place of work, she had already finished her duties.

Wangui maintains the unfair dismissal arose when her son was ill and admitted to hospital.

She is seeking compensation of Sh1.8 million and a declaration that the termination was constructive, inhuman and unprocedural.

Wangui in her petition filed in court said that she did not get a chance to defend herself.

According to Wangui, she was informed by the security guard on February 13 2026 that the new company policy demanded phones to be left at the gate when reporting at 7am and picked up again at the end of my shift at 3pm.

She told the court that it was the first time she was informed of this company policy.

“In any case, this policy had not been formally communicated to me and worse still, I could see my colleagues and receptionists entering the company premises with their phones,” said Wangui.

She said that she obliged since the security guard was firm, strong and unwavering that she must leave my phone with him.

Wangui said she formally engaged the Security Manager, Godfrey Tabasi, via text, expressing her frustrations, who promised to revert.

She said that on February 19 2026, after her shift had ended at 11 pm, she found numerous missed calls from her father, who later informed her that the son’s condition had deteriorated during the shift and they had rushed him to the hospital.

“I was also informed that my son should spend a few days in the hospital under the close eye of the doctors. The following day, I reported to work at 7am and informed the guards the health situation of my son, who was still admitted at the hospital. That I still left my phone at the security office at the gate,” said Wangui.

She said that after her shift ended at 3 pm, she was very anxious to know how the son was faring.

Wangui picked her phone from the security and proceeded to make frantic calls to her parents to enquire about the son’s condition.

While on the call, she received another call from my immediate boss, Samson Kibet, at 3:30 pm, requesting her to follow up on rebate forms for approval from the Accounts office, which she obliged.

“I proceeded to the Accounts office and met Suhil and explained to him the request but he denied my request. I went back to my immediate boss’s office to report to him and it was at this time that my immediate boss noticed that I was in possession of my phone,” said Wangui.

She said that Kibet called the Human Resource Manager, who joined them in the office, and they both accused her of being in possession of a phone in an operational area.

And despite explaining to them that it was close to an hour after her shift ended and her son was very sick and under the care of her parents, many miles from me, the HR gave her two options: either facing disciplinary proceedings or resigning and going back home to clear my problems, then I would be back.

“At this time I was under immense mental and physical pressure, being worried about my job and my son,” said Wangui.

She said that she tendered her resignation in writing, which she believed was unfair administrative action by the HR Manager and in violation of Article 47 and Article 41 2(b) and Article 35 of the Constitution of Kenya 2010.

Wangui said that even after tendering her resignation the HR served her a Notice to Show Cause letter which she claim was a witch hunt and meant to frustrate her.

She said that February 25 2026, she withdrew her resignation after the security manager reverted back to her with a workable solution, which could address her concerns regarding being available and reachable while at work.

However, Wangui said that the management declined to accept her withdrawal of the resignation.

 “On the said day, I was offered with two options; either she could resign and be paid her benefits, or to face the disciplinary hearing and wait for the outcome. I decided to resign. Later, I was issued with a notice to show cause letter and it was when I decided to withdraw the resignation letter, but the Hotel’s Human Resource Manager declined,” said Wangui.

She said she did not get a chance to defend herself from the dismissal she termed constructive and unprocedural.

According to Wangui, she was employed at the hotel as a receptionist on December 9 2025, where she worked until February 20 2026, earning Sh52,866 per month.

She said her contract was fixed for 12 months. However, the hotel dismissed her without fair process.

Wangui said she was ready and willing to work the whole period of 12 months of the contract, but the hotel frustrated her effort.

Wangui argued that the Labour Relations Institutions Act stipulates that in any case of misconduct or poor performance, an employee should be issued with three warning letters within a period of twelve months, then a notice to show cause letter, a disciplinary hearing, then a dismissal letter.

She said despite her demand and notice of intention to sue, the hotel refused to make good and settle the dispute.

However, Prideinn denied Wangui's allegations, insisting the woman willingly resigned from employment.

The hotel denied knowledge of Wangui's son's illness and insisted that she voluntarily resigned due to personal reasons.

"The respondent (Prideinn) is a stranger to the allegations of the claimant's (Wangui) son's illness and totally denies knowledge of the same and contends that the resignation was voluntary and due to the claimant's personal reasons," read the statement of defense.

Further, the establishment denied receiving any demand from Wangui for an award of Sh1.8 million. The hotel’s lawyer sought for an adjournment to file in a witness statement informing Chief Magistrate Christopher Yalwa that she had just taken over the matter.

However, Wangui’s lawyer Kabuthia Kamau said they had already filed all required documents but undertook to supply any other required documents.

The case was adjourned to January 25 2027.