BY NT REPORTER.
Employment and Labour Relations Court has ordered the reinstatement of Kenya Re- Insurance Chief Executive Officer Jadiah Mwarania.
In a ruling , Justice Byrum Ongaya, found that the decision to terminate Mr Mwarania’s employment was unjustified and illegal.
The court ordered the board to reinstate to same position and provide him all his salaries and benefits, saying tat he should be paid the entire money during the period he was out of work.
Justice Ongaya said the money should be paid by September 1, failure to which it will still attract interest. Immediately after the decision, Kenya-Re asked the Judge to stop the delay the execution, pending an appeal. The corporation promised not to fill the position until the appeal was determined. But Justice Ongaya rejected the plea and asked Kenya-Re to make formal application.
The court said that it was clear that Mr Mwarania was willing to complete his unexpired term of 37 months and the circumstances that led to his sacking were not of his making. He said Mr Mwarania further desired to clear his name when he was invited to disciplinary proceedings but the Board did not give time to defend himself.
The Kenya Re-insurance MD said he asked for time to prepare himself, a request which was granted because he was sick only for him to report back to work and get the sacking letter.
“The Court having considered that having built his professional reputation, the said scar will seriously prejudice his circumstances and opportunities available for him to secure comparable or suitable employment, greatly diminished,” he said.
He said giving him a chance to continue working might give the Board a chance to deal with the allegations levelled against him while confirming his sacking may permanently deny him a chance of removing the scar of allegations leveled against him.
Mr Mwarania’s contract was renewed on the 12th of 2016 for a period of 5 years. He argued that prior to his termination letter dated 12th March 2018 he has served with various unwarranted letters touching on alleged shortcomings on which he responded to and was therefore surprised to be served with the termination letter.
