Ex-ICT Director Sues Nairobi Hospital for Wrongful Dismissal
A former ICT Director at the Nairobi Hospital says the board dismissed him illegally.
‘The Nairobi Hospital Management Board, acted contrary to employment laws by dismissing its former director in charge of ICT,’
a court heard.
The embattled ex-director Timothy Odhiambo Otieno who was second in command at the Institution of health argued through his lawyer Elkana Mogaka that the board did not give him an opportunity to defend himself as provided for under the constitution.
The lawyer told Justice Bryam Ongayo that as a result, the claimant has put a claim of Sh 300 million being an award for unlawful dismissal from service.
Mogaka told the Employment and Labour relations judge, that Odhiambo was summarily dismissed on May 9,2019 over a determination of a disciplinary committee.
Mogaka pointed out to the court that urgency of the matter is centered on the action of the management to advertise his (Timothy Odhiambo Otieno) position without going through internal mechanism.
He said the plaintiff’s attempt to appeal against the decision of the committee was rejected, thus not affording him the opportunity to be heard.
“The management has acted in a manner that files against the claimant’s constitutional rights including fair administrative Action”
the court heard.
The lawyer did submit that,
‘the management has ignored a suit filed by Kenya Hospital Association concerning the claimant and has moved forward to replace his office, its an act of sheer malice and vengeance by the employer’
Mogaka contended that the claimant was second in command to the Chief Executive Officer (CEO), being director of ICT) Nairobi Hospital and ought to have been given an opportunity to state his case to whatever allegations raised against him.
The lawyer sought a conservatory order to hold the status quo until the main application is heard and determined.
He informed the court of its powers to quash any decision made by the management in disregard of the law.
The hospital however, opposed the application for conservatory order, saying that already the claimant has been dismissed.
‘The management can not reverse its decision and so far the position has been advertised’
the respondents stated.
The Judge will deliver his ruling on Friday 5,2019.
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