A former employee of Windsor Hotel and Country Club was last month awarded Ksh2.6 million after she was fired for being pregnant.
Ms Tracy Wangechi Mugambi was was sacked just after resuming duty from maternity leave, which the court found discriminatory.
“It therefore follows that the respondent (Windsor) had no valid reason to terminate the services of the petitioner,” Justice Hellen Wasilwa ruled.
Ksh2 million will be paid for discrimination on account of pregnancy, three months’ salary in lieu of notice, gratuity for working for six years and 12 months’ salary for unlawful termination.
Ms Mugambi was sent on compulsory leave on February 4, 2015 by the Hotel’s Banqueting Manager because “she looked tired”. She was told to report back to work after delivery.
She was not given a leave form to fill. She delivered on July 2015 and proceeded for her maternity leave until January 2016 when she resumed duty.
She was sacked after resuming duty.
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According to the Hotel’s manager, Ms Mugambi had a record of at least five offences that amounted to gross misconduct.
However, the court found that none of the offences were listed on the dismissal letter.
“Given that the petitioner was also terminated without any valid reason and without due process, I find the petitioner’s termination unfair and unjustified as provided for under Section 45(2) of Employment Act 2007,” said the judge.
“The issue of absconding duty is also not raised in the termination letter. This leaves the court with only one plausible reason for termination, being pregnant and delivering a baby,” she said.
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