Kenya Union of Commercial, Food and Allied Workers v Meru Central Dairy Co-operative Union Limited [2015] KEELRC 102 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 102
- Citation
- [2015] KEELRC 102 (KLR)
Summary at a glance
Facts
The grievant, Mercy Kathure Magaju, was employed by the respondent, Meru Central Dairy Co-operative Union Limited, on 8.07.2008. She was initially a casual employee but later promoted to the quality control department. She was subjected to sexual harassment by her supervisor, Festus Mutheiti, who changed her work schedule to night shifts and asked her to write an apology letter. Despite reporting the harassment, she was transferred to the returns department and received warning letters. She was terminated on 23.11.2012 without a termination letter.
Issues
- Unfair termination of employment
- Sexual harassment by supervisor
Reasoning
The court found that the grievant was subjected to sexual harassment and that the employer failed to take appropriate disciplinary action. The court also noted that the employer did not issue a policy statement on sexual harassment.
Outcome
Judgment for the claimant
Orders
- Pay Kshs.156,000 to the grievant
- Issue policy statement on sexual harassment
- Pay costs of the suit
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