Sixteen former employees of Bidco Africa have lost their six-year fight to be paid a total of Sh11.7 million by the edible oil manufacturer for alleged wrongful dismissal.
Justice Jacob Gakeri of Nairobi’s Employment and Labour Relations Court said the company was justified to end their employment in May 2015.
Bidco said the former staff participated in an unprotected strike between April 10, 2015, and May 13, 2015.
“Having found that the summary dismissal of the claimants by the Respondent was neither unfair no unlawful, the provisions of Section 49 of the Employment Act are not applicable. The claim is denied,” the judge said of their claim for unfair dismissal.
Their other monetary claims including payment for the months of May, June, July and August 2015 were also rejected. Among those who sued the company are Jackson Oyugi who sought total compensation of Sh1.2 million, John Ikangu (Sh1 million) and Geoffrey Mwanza (Sh917,595).
They told the court that they lodged verbal complaints and/or concerns about unpaid dues and general conditions of work at Bidco’s premises between March 10, 2015 and April 23, 2015.
They added that the company responded by issuing an inter-office memo dated April 16, 2015, a move that created a frosty relationship between the parties.
They had claimed one month’s salary in lieu of notice, salary for 13 days worked in August 2015, annual leave, house allowance, leave travelling allowance, underpayment for 2015 and compensation for unfair dismissal.
A letter produced in court itemised the allegations made against the claimants including participation in unprotected/unlawful strike, absenteeism without leave and disobedience of lawful authority among others, said Justice Gakeri.
The judge found the claimants refused to return to work when asked to do so and were therefore on strike.
“For the foregoing reasons, the court is satisfied that the respondent (Bidco) has on a balance of probabilities demonstrated that the claimants and their colleagues participated or were involved or engaged in an unprotected strike on 13th May 2015,” the judge said.
“The court finds and holds that the respondent had a valid and fair reason to terminate the claimants’ employment on 13th August 2015.”
