By Samuel Ouma
A Kenyan court has directed a Chinese restaurant based in Nairobi to compensate its former employee $30000 for violating his rights.
Chez Wou Restaurant was on the spot last year after a Chinese national, Deng Hailan, was caught on camera whipping a Kenyan employee identified as Simon Oseko and later dismissed him without proper explanation or explanation.
Following his dismissal, the complainant went to court seeking damages of $50000 from the management of the Chinese restaurant and Hailan for assault and unfair dismissal.
In a judgement delivered on Thursday by the Employment and labour relations court, Justice Mathews Nderi found the restaurant lost his employment prospects and lost his source of income as a result of indignity meted on him by the restaurant.
Justice Nderi also awarded Oseko $720 as compensation for illegal dismissal.
“It is the court finding that the Chinese restaurant used unlawful and unconstitutional methods to punish staff including the petitioner. The court awards the claimant general damages to a sum of $30000 for the human rights and fundamental freedom violations,” ruled the judge.
The complainant told the court that Hailan physically assaulted him after he refused his sexual advances. He noted that he worked for his ex-employer for three months, and within that period, he faced sexual, verbal and physical abuse.
‘The victim suffered extreme cruelty, humiliations, psychological, trauma; pain and suffering loss of self-esteem due to the continuous sexual harassment, corporal punishment, verbal abuse and confinement whilst being humiliated in front of co-workers. The petitioner has hallucinations and nightmares as a result thereof,” Justice Nderi added.