The industrial court in Nakuru has ordered the Teachers Service Commission (TSC) to pay Sh1.3 million as damages to a secondary school teacher who was wrongfully dismissed.
Justice Byram Ongaya said the teacher’s employer erred in law by terminating Thomas Onyango’s services without complying by the labour laws.
“The court finds that due process was not followed in terminating the claimant’s services. His employer ought to have allowed him a fair hearing before dismissal,” said Ongaya.
The court further ordered TSC to reinstate Onyango immediately and deploy him to his station of choice besides depositing the accumulated allowances he missed between November 20, 2013 and May 30 this year. The former Mathematics and Biology teacher at Igwa Miti secondary school in Laikipia County moved to court in November last year after he was dismissed on grounds of non-compliance. The TSC had allegedly directed him to report to a new station of work within Laikipia.
In his suit, Onyango claimed that he was not issued with any letter or notice for impending termination of his services. He added that he was denied a fair hearing before being dismissed.
Through his lawyer Kinuthia Mwangi, he argued that the rude dismissal caused him and his family unwarranted physical and psychological suffering.