BY SAM ALFAN.
KCB Kenya has been ordered to pay its former teller Sh1.7 for unlawful termination despite facing sexual harassment from her supervisor.
The Employment and Labour Relations court Judge Linnet Ndolo directed the former KCB teller at Kitale branch Evelyne Cherotich Maiyo to be paid Sh1.7 million for the sacking.
The amount includes 12 month’s salary compensation of Sh1, 596,000 and one month salary in lieu of notice of Sh133,000.
“I award the claimant (Evelyne Cherotich Maiyo) 12 months’ salary in compensation. In arriving at this award, I have taken into account Maiyo’s length of serve and KCB’s Bank mishandling of her case, with specific focus on the failure to investigate her complaint of sexual harassment against supervisor Kelvin Ashwani,” said judge in her decision.
Judge Ndolo dismissed the Bank’s counterclaim after it found the bank failed to investigate Maiyo’s claim of sexual harassment by Ashwani.
In the 28 pages decision, Judge Ndolo said after evaluating the actions taken by the bank with the regard to Maiyo’s case, it was her conclusion that there was a well calculated move by the Bank officials to obscure Maiyo’s complaint of sexual harassment.
“Being a fairly junior banker and faced with a tirade of demands for evidence by senior bank officials, on whose shoulders fell the responsibility to investigate her complaint stood nil chance of survival, she therefore had no choice but to resign,” the judge noted.
Maiyo filed the case challenging her termination under the guise the bank had accepted her resignation. She termed the move as un-procedural, unlawful, unjustified and unfair.
The former bank teller told the employment court that she suffered social stress occasioned by acts or omissions of Bank’s officers, including sexual harassment by the Ashwani.
She further complained of bullying and coercion, causing her to write a one sentence letter dated 20th May 2019, stating her intention to resign.
She listed instances of caressing or touching of her thighs, uttering emotionally offensive and suggestive words about her anatomy, soliciting and explicitly demanding sex with thinly veiled threats of dire consequences if refused to succumb.
She was also humiliated by overtures, threats and advances, subjecting her to needless internal memos, telephone calls and text messages outside working hours, with threats that she either gives in to his sexual demands or he gets his way using or abusing his office as cash manager.
She further cited that discrimination by the supervisor Ashwani who indirectly told her that she was unable to perform her duties, favouring her colleagues while blowing issues raised by her out of proportion, embarrassing her in front of customers.
On his part, Ashwani took the issue with allegations made against him. He stated that as a result of the said memos, he has been injured in his reputation and has been brought into public scandal, odium and contempt.
He sought for general and aggravated damages from Maiyo’s. He further pursued an order compelling her to publish an apology in two newspapers of nationwide circulation.
