A former Chandarana Supermarket employee, Cathie Akinyi Nana will receive Sh1 million compensation following a court order after she was sacked five years ago.
In a ruling made by three Court of Appeal judges; Roselyne Nambuye, Sankale Ole Kantai and Wanjiri Karanja, the victim deserved the compensation after filing a sexual harassment suit.
“We have also reconsidered the circumstances leading to the claim of sexual harassment and the award; we are not persuaded that the amount awarded was excessive. Ultimately, we find no merit in this appeal and dismiss it accordingly,” read the ruling by the judges.
In addition to the compensation, the judges also compelled the Retailer director to pay a Sh30,000 fine for failing to obey the order directing him to incorporate a sexual harassment policy statement within 60 days.
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This was in reference to the initial ruling by the Employment and Labour Relations Court, where after granting the victim the said amount, the retailer sought to have the Court of Appeal set aside the award.
The details of Ms Nana’s woes, according to the accounts documented in court are said to have started in March 16, 2015 when she fell ill and was given three days’ leave.
On resuming work, it was reported that she was dismissed on July 21, 2015 despite showing proof of medical attention.
It later emerged that Nana was dismissed due to a sexual harassment complaint she had leveled against Pius Patel, and not for her absence at work.
Nana indicated that she was faulted by the Human Resource Manager for what was termed as raising complaint to the head office instead of the department manager.
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She mentioned that her direct supervisor also criticized her for raising the concern.
In August 2015, Nana took the initiative to have her issues resolved in court and sued her employer for unlawful termination of services and sought damages.
In addition, she wanted the Retailer to issue a policy statement on sexual harassment and have the same incorporated in staff contracts.
In their defense, Chandarana Supermarket argued that Nana had been absent without permission, alluding that the sexual harassment complaints were a way of avoid disciplinary action.
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