Nakuru Hospital directed to compensate dismissed security officer with KSH 339,304
In a recent court ruling, Nakuru Specialists Hospital has been found to have breached labor regulations in the treatment of its former night guard, Moses Limo. The judge's decision highlights the importance of employers adhering to the provisions of the Employment Act regarding working hours, rest periods, and procedural safeguards.
According to the Employment Act and related labor regulations in Kenya, employers are required to observe standard working hours of 45 hours per week, with a maximum allowable limit of 52 hours. Night shift workers, such as Limo, who work between 10:00 PM and 6:00 AM, are permitted to work up to 60 hours per week, but employers must provide appropriate compensation for these extended hours. Overtime work should be compensated at specified rates, with 1.5 times the regular hourly wage for overtime worked on ordinary working days and 2 times for work done on rest days or public holidays.
Limo, who was employed as a night guard under a two-year contract commencing April 1, 2019, claims that he worked 12 hours daily, exceeding his normal hours by four, without compensation. He also alleges that he was not paid his April 2020 salary and was wrongfully terminated by the hospital. The judge's ruling did not address the issue of Limo's annual leave and compensation for working on public holidays and overtime.
The hospital administrator, Kevin Mumo, defended the summary dismissal under Section 44 of the Employment Act, citing Limo's alleged gross negligence, frequent sleeping on duty, and unresponsiveness to prior verbal warnings. However, the judge did not rule on this defense, and Limo was awarded Sh155,267.54 for underpayment arrears and Sh108,440 for unpaid overtime, holidays, and rest days. Justice Peter Ndege also ordered the hospital to pay Limo Sh22,596 for unpaid leave and Sh96,858.42 for unfair termination and a one-month salary in lieu of notice.
In addition, the judge noted that Limo was denied annual leave and compensation for working on public holidays and overtime. Moreover, Limo was not issued a certificate of service within the 14 days ordered by the judge. The case involving Limo's wrongful termination by Nakuru Specialists Hospital continues.
This case serves as a reminder to employers to ensure compliance with labor regulations, particularly with regards to working hours, rest periods, and fair compensation for overtime work. It underscores the importance of adhering to procedural safeguards and providing a safe and fair work environment for employees.
The case of Moses Limo, a former night guard at Nakuru Specialists Hospital, highlights the significance of employers adhering to labor regulations regarding fair compensation for overtime work, as Limo alleges he worked extra hours without appropriate payment. Despite the hospital's defense of summary dismissal, the judge awarded Limo for underpayment arrears and unpaid overtime, holidays, and rest days. Furthermore, the judge emphasized the importance of employers providing annual leave, compensating employees for working on public holidays, ensuring compliance with rest periods, and issuing a certificate of service within the stipulated timeframe. This case underscores the implications of non-compliance with these regulations in the business industry, particularly in the healthcare sector, and the need for employers to prioritize adherence to these provisions.
