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A former employee of a non-governmental organisation (NGO) is due to be paid Sh4.6 million for unfair dismissal and discrimination while she was on maternity leave.
Nkatha Mwongera, a former employee of Compassion International, was awarded Sh4.63 million by the High Court, which found that the NGO had unlawfully dismissed her.
In her application to the court, Nkatha narrated how while she was on maternity leave, she received a letter dated March 29, 2016, from Compassion International redeploying her to the position of training specialist, a demotion from her previous position as administrator.
She argued that her previous position was taken up by someone else while she was never declared redundant and therefore, her demotion from the position was unlawful.
Nkatha’s contract was later terminated. Nkatha had worked with the NGO since 2006.
She cited the discrimination to include Compassion International’s decision to redeploy her during her maternity leave in disregard of her physical and mental state and depriving her of the right to appeal.
“Compassion International deliberately neglected to discuss her work performance for 2016 with her even upon her resuming work after maternity leave,” Justice Nzioki wa Makau ruled.
The NGO argued that Nkatha’s employment was subject to deployment to whatever other position and therefore, there was no inconsistency with the employment contact.
The judge, however, maintained that the fact that Nkatha was redeployed while on maternity leave amounted to discrimination.
“Whereas the employer has every right to reorganise its business, and the workplace, the timing of the redeployment and the effective date was rather suspect,” the judge ruled.
“Any distinctions in employment or occupation based on pregnancy or maternity are discriminatory since they affect only women. The claimant was in a protected class while on maternity leave as a lactating mother.” Compassion International was ordered to pay Nkatha Sh2.63 million, equivalent to 12 months of her gross salary, and damages for unfair labour practices amounting to Sh2 million.
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