Simon Kinyua M’thambura v Chandaria Industries Limited [2018] KEELRC 1932 (KLR)

Summary at a glance

Facts

The claimant worked as a machine operator for Chandaria Industries Limited from 2005 to 2014. He was diagnosed with a medical condition related to dust exposure and requested to be redeployed away from dusty work. The respondent declined and the claimant was terminated.

Issues

• Whether the termination was unfair
• Whether the claimant is entitled to other reliefs as prayed for

Reasoning

The court found that the claimant had a genuine grievance and that the respondent failed to amicably resolve the claimant's grievance for deployment to a dust-free environment. The court also found that the respondent did not provide due medical attention to the claimant.

Outcome

Judgment in favor of the claimant

Orders

• The respondent to pay the claimant a sum of Kshs. 449,778.00 by 01.08.2018 failing interest at Court rates to be payable thereon from the date of this judgment till full payment.
• The respondent to pay costs of the suit.

Remedies

• Compensation of Kshs. 385,524.00 for the unfair termination

Authorities cited