The Employment and Labour Relations Court in Nairobi has ordered a real estate firm to compensate a former employee for firing her via SMS. The court ordered Topcare Lands Investment Limited to pay Lydia Wanjiku Sh800,000 for ending her employment through a text message while she was on probation.
During the hearing of the case that was filed by Wanjiku, the court heard that she was fired on February 6, 2022 by the real estate firm’s chief executive officer James Macharia. She then moved to court seeking compensation on November 18, 2022.
Wanjiku told the court that Macharia had employed her on January 2022 with a monthly salary of Sh200,000. However, she was suspended indefinitely barely a month after her employment without receiving notice on the reasons for her termination.
Wanjiku informed the court that she had been hired through an oral contract. She successfully urged the court to acknowledge the contract after arguing that it was binding because she had reported to the firm’s offices in the position of chief executive officer and carried her duties without qualms until her suspension.
In response to the case, Topcare Lands Limited denied that it had offered Wanjiku employment. However, the firm said that she was on probation. The firm claimed that Wanjiku had not been issued with a formal employment contract because she was not in employment but on probation.
The firm went on to claim that during the one month that she was on probation, Wanjiku reported to the company’s offices for only 11 days, some which were half days.
The firm went on to say that the amount of Sh200,000 that was paid to Wanjiku for the month was not her actual salary. Sh100,000 was the salary while the addition Sh100,000 was paid in lieu of notice.
However, in the ruling, the court stated that the firm could not claim that Wanjiku was not an employee while acknowledging in its replying affidavit that she had been hired on probation and was receiving a salary.
“The claimant states that she was employed by oral contract and the respondent did not adduce any evidence to the contrary. The claimant adds that her request for a formal contract of employment was not responded to. The respondent chose not to document the claimant’s employment and the tale about a probationary appointment therefor collapses,” Justice Linet Ndolo ruled.
“There is evidence that the claimant was paid a salary of Sh200,000 for the month of January 2022. The respondent’s averment that this payment was for a probationary appointment and notice pay was not supported by any evidence.”
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Justice Ndolo went on to declare that indeed there was a work relationship between the firm and Wanjiku which was enforceable by the labour court.
She awarded Wanjiku Sh600,000 which was equivalent to three months’ salary compensation based on her salary of Sh200,000 and Sh200,000 as one month’s salary in lieu of notice.
