Kenya: Former employee sues Boelist Investment alleging unfair sacking after visiting to doctor to save her pregnancy; company denies allegation

Author: Paul Ogemba, Standard Digital (Kenya), Published on: 16 April 2018

“Woman sues employer for unfair termination of contract”

A woman who was sacked for going to see a doctor to save her pregnancy has sued the American firm for unfair termination of her contract. Caroline Nyokabi Mung’aru accused American data firm Boelist Investment Limited of unfairly sacking her last month when she was two months pregnant. “I had lost another pregnancy in 2017 and could not risk another miscarriage. So when the doctor told me to go for check-up, I went to see him against my manager’s wish. I reported to work the next day only to be given a sacking letter,” said Nyokabi…

Nyokabi insisted of being on duty and explained to the head of operations and the human resource manager about her condition and the intended visit to the doctor but they declined and told her to instead ask for another sick-leave. “I decided to honour the doctor’s appointment since I feared losing my pregnancy as happened in 2017. Because I failed to report to work, I received a message from the management telling me to return the office phone when I report to work the next day,” swore Nyokabi…

 The company in its response has however denied unfair termination of her employment, stating that she is to blame for being rendered jobless. “She unprofessionally and against the prescribed company procedures attempted to get a day off when she had enough time to communicate about the intention to see a doctor. Her absence disrupted and significantly reduced the company’s productivity,” said the firm. According to the company, Nyokabi showed defiance and disobedience to her managers by refusing to listen to them when they denied her permission to go see the doctor, and that it was not the first time she was defying her managers. Nyokabi is seeking a declaration that the company mistreated her and want to be paid general damages for the unfair dismissal.

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