Court orders Sh0.7 mn overtime payout for former guard

A security guard at Work. FILE PHOTO | NMG
A security guard at Work. FILE PHOTO | NMG  

A cooperative society has been ordered to pay a security guard more than Sh700,000 for overtime and work done during public holidays.

The Othaya Farmers’ Cooperative Society was on Wednesday ordered to compensate its former night guard Sh758,000 owed over a period of six years.

Justice Byram Ongaya of Employment and Labour Relations court found that Washington Waiganjo Wang’ombe was underpaid for the six years he worked as a watchman at Gichihi Coffee Factory.

He was employed in year 2010 and served uninterrupted up to February 2016 when he left employment due to poor health.

Below minimum wage

He was also never compensated for overtime and work done on public holidays despite earning a salary which is below the minimum wage, the court noted.

“There is no evidence that the overtime was paid and if it was paid, then it was included in the monthly pay which was below the statutory minimum wage and the work on public holidays, therefore, remains unpaid,” said judge Ongaya.

While making the findings, the court observed that the sacco had failed to file bank statements to show that Mr Wang’ombe was paid despite a request from the court.

“It is not denied that the claimant served without a break in service and therefore his service must have converted to one based upon minimum statutory terms and conditions of service,” justice Ongaya further noted.
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