David Gaitho Ndungu v Timaflor Limited [2017] KEELRC 1175 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1175
- Citation
- [2017] KEELRC 1175 (KLR)
- Decided
- 16 June 2017
The dismissal was unfair due to the claimant's valid complaint based on a clear medical recommendation. The court awards the claimant maximum 12 months' pay at the last monthly pay of Kshs. 11,950.00.
Facts
The claimant was employed by Timaflor Limited as a flower or maintenance attendant from October 24, 2014 to November 4, 2015. He developed organophosphate poisoning due to improper working conditions and was recommended to work in a different environment by a doctor. Despite this, he was dismissed on November 4, 2015.
Issues
- Unfair dismissal
- Medical recommendation
Reasoning
The court found the dismissal unfair because it was due to the claimant's valid complaint based on a clear medical recommendation. The respondent failed to provide protective clothing and comply with the medical recommendation.
Outcome
Claimant wins
Orders
- Respondent to pay claimant Kshs.143,400 by August 1, 2017
- Respondent to pay claimant's costs of the suit
Remedies
- Declaration of unfair dismissal
- Payment of Kshs.143,400
Authorities cited
Legislation (2)
- Employment Act, 2007
- Occupational Health and Safety Act, 2007
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