Tutor produces mark sheets to win Sh544,400 pay

A part-time lecturer at Maseno University who adduced assorted evidence to build his case, including his class attendance lists and examination mark sheets, has been awarded Sh554,400 for unfair dismissal.

Jackson Khanda had initially pleaded with his employer for the pay to no avail, forcing him to head to the Labour and Industrial Relations Court in Kisumu which granted him his claim.

"Khanda produced a course allocation timetable which indicates that he was assigned the courses in dispute, a teaching timetable, exam timetables, examination mark sheets and signed students class attendance lists as proof that he met his part of the contract, while the university on its part, did not adduce any evidence to controvert his evidence," said Justice Christine Baari.

Justice Baari also asked the university to pay for the cost of the suit. The part-timer was appointed at the university on June 8, 2018, to teach for one semester which would later extend to two even as the university refused to issue him with a letter of appointment despite his asking for the same.

"The respondent (Maseno University) would later on refuse to pay me Sh352,800 for the first semester and Sh201,600 for the second semester making a total of Sh554,400," he said as he tabled letters as evidence that he demanded the said pay from his former employer without success.

He added that he would repeatedly follow up on his payment including through his advocate, but the efforts remained futile forcing him to file the suit.

"I was never paid for teaching a total of seven Information Technology units in the first semester being CIT 303, CIT 109, CIM 113, and UCI 203-3 units, and in the second semester, I also taught another seven units," he said.

In a rebuttal, the university argued that for one to be paid, they needed to attach an appointment letter, a teaching timetable, a schedule of class attendance and register, and proof of grading.