An M-Pesa cashier has won big after a Nyeri employment court awarded her over half million shillings for damages in an oppression case against the employer.
Caroline Wambui Kiguai is set to receive Sh485,690 from her former employer detailing accrued interests and cost of the case after Justice Nzioka Wa Makau’s directive.
In a ruling, Justice Nzioka ruled that Kiguai was treated in a heartless manner by her employer, hence awarding her the detailed amount to cater for the costs incurred during the case as well as the accrued interests.
“It is disingenuous to assert that the aggrieved was a casual member of staff less competent than others yet promptly transfer her to Eldoret upon her resumption of duty after maternity leave,” ruled the Judge.
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This follows the events where Kiguai who is said to have been employed verbally in 2012 October with a salary of Sh8,000 per month, resumed work from maternity leave only to be transferred to a new location.
Upon pleading to have her transfer postponed citing she was still taking care of her infant child, the company, Generation Electric Allied Limited, frustrated her and went ahead to issue the transfer letter.
She opted to resign citing frustrations while dealing with her infant baby hence reporting the matter to the union.
“The accountant then called the next day informing me that I was to be transferred from Embu to either Machakos or Eldoret, whichever I preferred. I sought deferment of the transfer but the company declined, warning me of dire consequences if I failed to report to the new station. I made a painful decision to terminate my services and reported the matter to the union,” said Kiguai.
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In response to the accusations, David Mwangi, the director of the company stated that Kaguai made the decision to resign on her own volition hence should not shift the blame to the company.
Mwangi and the Company narrated that the position left by former employee was taken over by a more competent person.
“Kiguai never complained of underpayment during her employment,” said Mwangi.
Judge Nzioka through his ruling stated that a female employee was entitled three months maternity leave with full payment, however denied the complainant the accrued benefits for underpayment citing that she did not mention them during employment.
“She will be entitled to Sh176, 845, the difference in pay between the salaries earned for the final year of her service which is Sh14, 737 a month lower than the statutory minimum for Embu. She will also be paid Sh308, 845, maximum compensation for unlawful dismissal on account of the malicious constructive dismissal just after her maternity leave,” said Judge Nzioka.
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