Daniel Mwanzau who had sued his employer for wrongful dismal from duty was finally awarded sh 1000 in a case that had taken him five years to complete.
The complainant who was sacked in 2015 having joined the organisation as a watchman in 2001 rushed to the Labour Court seeking redress with hopes that he will be compensated sh 714,000 as he had assessed through his court papers.
But Mwanzau, according to the defense team, showed up at work late and drunk what informed his final dismissal without.
Among the items he(the petitioner) had enlisted for compensation are sh 494,000 compensation for unpaid overtime accrued for 13 years, sh 14,500 salary he had not been paid and sh 2,500 uniform value they had deducted him.
The complainant however told the Court that he was not dismissed for being drunk as was claimed by the defense team since he had not undergone any medical testing to prove he was intoxicated a fact that was immediately countered by a letter he had wrote to the firm apologizing for his actions.
He also revealed during the cross examination session how the employer had warned him severally against drinking at work.
And submitting their side of the story, firm’s Human Resource Head claimed that Mwanzau did not deserve any compensation for he had absconded duty on many occasions as well as showed up drunk on duty what put his integrity to question.
While making the ruling, Justice Onesmus Makau read that the petitioner was given an opportunity to talk to square it out with his employer what he did not do.
Makau then ordered that the only amount to be refunded was that of the uniform costing sh 2,400 but because he had not cleared with the company, he be given his balance of only sh 1,020.
Reacting after the case, Mwanzau regretted how he had used a lot of money prosecuting the case and that the today’s ruling had “done him injustice leaving him poorer than he came”.
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