Company accuses woman of acting against procedure, fires her

A woman who was sacked for going to see a doctor to save her pregnancy has sued an American firm for unfair termination of her contract.

Caroline Nyokabi Mung’aru accused American data firm Boelist Investment Limited of unfairly sacking her last month when she was two months pregnant

“I had lost another pregnancy in 2017 and could not risk another miscarriage. So when the doctor told me to go for a check-up, I went to see him against my manager’s wishes. I reported to work the next day, only to be given a sacking letter,” said Ms Mung’aru.

She is demanding to be reinstated in her position as operations and customer care representative or compensated Sh480, 000, being six months’ salary for the remainder of her contract.

Mung’aru stated in her suit filed at the Employment and Labour Relations Court that she has diligently worked for the company since 2006 and has never had any misconduct or disciplinary issues until February 20 this year, when she fell ill.

She swore that she went to see a doctor when her condition worsened and sought sick leave from her manager, who had given her permission to seek treatment.

“I was treated and given three days sick leave after the doctor confirmed that I was two months pregnant. Because of the pregnancy, the doctor gave me another appointment on March 1 for a follow-up,” said Mung’aru.

On February 28, she reported to work with the hope of being given the next day off but the manager insisted that she go back home and report the following day.

Nyokabi insisted on working and explained to the head of operations and the human resource manager about her condition, but they told her to instead ask for another sick leave.

“I decided to honour the doctor’s appointment since I feared losing my pregnancy, as happened in 2017,” said Mung’aru.

She was summoned by the management when she went to work the following day and given a termination letter on the basis of misconduct.

In its response, the company has denied terminating Mung’aru unfairly.

“She unprofessionally and against company procedures attempted to get a day off when she had enough time to communicate her intention to see a doctor. Her absence disrupted and reduced the company’s productivity,” said the firm.