Wednesday, January 29, 2020 - The Court of Appeal has upheld a Sh1 million award given to a lady who was fired by Chandarana Supermarket five years ago, after filing a sexual harassment complaint.
The Labour and Relations Court had granted the complainant, a former clerk at the supermarket Sh1 million compensation but the retailer moved to the Court of Appeal to challenge the award.
However, the appellate judges, Roselyn Nambuye, Wanjiru Karanja and Sankale ole Kantai, dismissed their request.
“We have also reconsidered the circumstances leading to the claim of sexual harassment and the award; we are not persuaded that the amount awarded was excessive."
“Ultimately, we find no merit in this appeal and dismiss it accordingly,” the judges ruled.
The Judges also fined the director of Chandarana Sh30,000 for failing to incorporate a sexual harassment policy statement within 60 days as ordered.
The complainant identified as Ms. Nana told the court that her woes with her former employer started when she fell ill on March 16, 2015.
She was granted three days’ leave but on reporting back and after giving medical documentary evidence, she was handed a notice to show cause for her absence.
She was then sacked on July 21st, 2015.
Ms Nana said her sacking had nothing to do with absence from work but had everything to do with a complaint she had made against one Pius Patel for sexually harassing her.
She said that the Human Resources Manager reprimanded her for raising the issue with the head office instead of her department manager and supervisor.
She moved to court in August 2015 and sued her employer over unlawful termination of services and sought damages.
The Kenyan DAILY POST.