The Royal Saudi Arabia Embassy has opted for an out of court settlement in a law suit by former employee for wrongful termination and salary arrears amounting to millions of shillings.
The claimant Abdi Mohamed Abdullahi alias Abdikadir Mohamed Abdullahi was first employed as a translator by the Embassy in 1995 and later promoted to head of research and translation.
The lawyer representing the Embassy Muriuki Kanyiri told the court his client was no longer disputing they owed Abdullahi salary arrears amounting to Sh 4.9 million.
Kanyiri and Yussuf Bashir for the claimant agreed and was recorded down by judge Byram Ongayo that the Embassy will pay Sh 2.9 million to the claimant by cheque on 16th March 2018.
The parties also told Justice Ongayo they had agreed to meet the Saudi Arabia Ambassador on 16th to discuss the claimant’s issue of transport, overtime and house allowances.
In the petition, Abdullahi wants the court to declare that his employment contracts with the respondent were grossly violated and was underpaid.
He also wants a declaration that the respondents owes him Sh10,584,000 as salary arrears from his employment as a translator.
The claimant further wants a declaration that the Embassy owes him Sh12, 931, 200 as salaries arrears from his employment as head of research.
Abdullahi claims the respondent owes him severance pay as a translator for nine years a sum of Sh4,972,600.
He further claims the Embassy owes him transport allowance amounting to Sh 3,264,900, overtime 4,345,200and house allowance 8,690,400.
Wants exemplary damages for wrongful termination one year pay amounting to 2,540,400.
Employment history
Abdullahi says in his suit that he has been working for the embassy for 23 years.
He says when he was first employed by the embassy as a translator in 1995, his job description was not defined in his employment contract.
Abdullahi states that he never received his salary arrears following his termination, his accrued leave days, his service pay or benefits after putting in 23 years of service.
He claims that the circumstances under which he was dismissed are in humane and a blatant disrespect of the law in regard to relationship between employers and employees.
The court heard that the claimant’s records of unparalleled good and exemplary performance of work urges one to wonder on what basis the respondent could have terminated his services.
The respondents actions breached the relevant provisions of employment act 2006 as it discriminated the claimant in respect of terminating his employment.
In 1998 the claimant was issued with a new contract, however the renumeration and job description was not that of a translator but rather that of a telephone operator.
It’s is the claimant’s case that he raised the issue with Ambassador at the time who informed him that he would correct the anomaly and since everyone at the embassy new he was a translator and not a telephone operator, the situation would be sorted out.
He claims two years went by but the situation was not rectified, instead he was told that a promotion was coming up and he was to exercise patience.
New Contract
In may 2000 a new contract was issued to the claimant where he was promoted from translator to head of research and translation.
He claims the issue with contract was that the clause on renumeration was left blank and the claimant was informed that the gap would be filled by the ministry of foreign affairs in Saudi Arabia.
To the claimant’s dismay when the contract books were returned to the embassy, the salary clause had been erased and a sum equivalent to his previous salary written down, despite his promotion.
It’s the climants case that after eight years of going back and forth, finally his correct salary was paid to him.
However despite the correction that was effected on his salary in the year 2008, the embassy had failed, neglected and/or refused to pay him the arrears of his salary.
The case will be mentioned on 20th March 2018.
