Beth Kalondu Mwema v Brand Kenya Board [2015] KEELRC 1488 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1488
- Citation
- [2015] KEELRC 1488 (KLR)
- Decided
- 4 February 2015
The Court finds that the Applicant might not suffer irreparable harm if granted an interim injunction. The Court leaves the issues for determination upon hearing of the case on merits.
Facts
The Claimant, Beth Kalondu Mwema, was employed by the Respondent, Brand Kenya Board as a receptionist. She was diagnosed with hypertension and work-related stress by a doctor, and advised to avoid noisy environments and constant use of the telephone. The Respondent allegedly exposed her to an environment inimical to her health and verbally abused her.
Issues
- fair labor practices
- equality and freedom from discrimination
- safe working environment
- compensation for injuries and diseases
- payment of overtime
Reasoning
The Court applies the principles from Giella vs. Casman Brown & Co. Ltd. to determine that an interim injunction will not normally issue unless the applicant might suffer irreparable harm which would not be adequately compensated by an award of damages.
Outcome
The Court does not grant an interim injunction.
Remedies
- payment of damages
- craft appropriate orders against the offending officer(s) as demanded by the code of conduct of public officers under the Kenya Constitution 2010
Authorities cited
Legislation (1)
- Kenya Constitution 2010
Cases cited (1)
- Giella vs. Casman Brown & Co. Ltd.
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