INTRODUCTION
This is an interesting case of Scoline Anyango Ojung’a versus Healthlink Matcare Limited t/a Nairobi Women Hospital. Scoline’s services were terminated on 05/04/2018 by Nairobi Women Hospital. She was working as an Internal Auditor. At the time of her exit, the Claimant was serving in the position of Hospital Manager at the Respondent’s Hurlingham branch. Scoline filed this case stating that she was unfairly dismissed.
The Claimant(Scoline) was first engaged as an internal auditor in 2010 and climbed the ranks to be a Hospital Manager until 2018 when she was fired.
She was very diligent in her work earning a total of Ksh. 214,480/= upon termination. Furthermore, she was a staunch Seventh-Day Adventist and on Saturdays, she couldn’t go to work being her worship day. Scoline informed her employer of the same. This was agreed and the Claimant would work on Sundays instead.
The Claimant states that on 21/02/2018, Healthlink Matcare Limited held a budget approval meeting at which the budget for the company in Hurlingharm branch failed. The branch was asked to make adjustments to the proposal and present the revised budget on 24/02/2018, a Saturday.
The Claimant agreed to revise the budget and she asked one of her colleagues to present it on her behalf on 24/02/ 2018 as it was a Saturday. She wrote an email to the management and forwarded the same to a member of the management via text. She asserted that Saturday was her day of worship and she could not compromise her religion.
The Claimant was insistent that nothing in the working regulations prohibited her from delegating the process of budget allocation to her team members.
She was discriminated at work and the termination from employment was contrary in contravention of article 27 of the Constitution as read with sections 5 and 46 of the Employment Act.
Nairobi Women Hospital (Respondent) did not deny that the claimant was indeed a practicing Seventh-Day Adventist. Although it claimed that the freedom of worship was not absolute but was subject to the contract of employment.
The Respondent further stated that the Claimant was not entitled to special treatment on account of her faith since this would in itself be discriminative of other employees. The Respondent stated that any inconvenience caused would be compensated by overtime.
Nairobi Women Hospital defended itself stating that Scoline did not object to the date and that the budget-making process was done once a year. The respondent stated that the claimant never asked for permission for her absence and thus she was terminated from employment for failing to heed the instructions at work.
ORDERS OF THE COURT
The Honourable Court found that the Respondent did not have a valid reason to terminate the Claimant from employment. The Respondent’s handling of the Claimant’s worship day was discriminatory. Moreover, the conduct of the I Respondent was found to be in violation of the Claimant’s freedom of religion.
The Claimant was awarded Ksh. 643,440.00 being salary for three months in lieu of notice to terminate.
The Claimant was awarded accrued leave for 40 days of Ksh. 278,824/=.
The Claimant was also awarded Ksh. 2,573,760/= as 12 months salary compensation noting that the conduct of the Claimant was not a valid reason to terminate her from employment.
CONCLUSION
Freedom of worship in Kenya is recognized under the Constitution of Kenya,2010 under Article 32. Article 27 of the Constitution proscribes discrimination on various grounds which includes religion. Everyone is entitled to equal benefits and protection by the Law.
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