Lecturer awarded Sh5m after varsity cancels contract weeks after recruitment
The Labour Court has ordered Egerton University to pay a lecturer Sh5 million in damages after unlawfully revoking his employment contract just weeks after hiring him.
Justice James Rika on Tuesday ruled that the university’s decision made on February 24, 2024, lacked legal justification and violated Dr Nyalala Innocent Odira’s right to fair labour practices.
The court also reinstated him to his position as a Computer Science lecturer effective from the date of his appointment, with full salary and benefits.
“It is declared that the respondents’ decision, recalling and repudiating the petitioner’s letter of appointment, has no legal or lawful justification, and is an infringement of the petitioner’s employment rights and the right to right fair labour practices,” stated Justice Rika.
In his petition filed on April 11, 2024, Dr Nyalala says he was hired through a competitive process and received his appointment letter on November 30, 2023, requiring him to report within three months.
However, just eight days later the university asked him to return the letter for corrections.
He says he complied, expecting further communication.
But when weeks passed without a response, Dr Nyalala wrote to the university on March 7, 2024, seeking clarification and in response, Egerton issued a letter backdated to February 2024 stating that he was unsuccessful in the interview due to lack of qualifications.
The don challenged this claim, arguing he was indeed qualified and he had been teaching part-time at Egerton University and even administered exams.
He accused the university of acting maliciously by recalling his appointment without issuing a fresh appointment and contract.
The lecturer sued Egerton University, Vice-Chancellor Prof Isaac Kibwage, and the university council.
The court found that the university failed to provide written reasons for terminating Dr Nyalala’s appointment therefore violating fair labour laws.
The judge in his judgment faulted the VC for failing to offer written reasons for the termination of the contract in violation of Dr Nyalala’s rights.
“The petitioner’s rights were impaired as concluded above. Section 4 [3] of the Fair Administrative Action Act required that the Respondents give the Petitioner adequate notice and reasons for the proposed decision.
“Other requirements include the right to be heard; right of internal review and appeal of the decision; and supply of a statement of the reasons justifying the impugned action. These standards of fair dealing, were not met by the VC Kibwage,” ruled Justice Rika
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