Geeta Joshi v Pandya Memorial Hospital [2019] KEELRC 2432 (KLR)

Summary at a glance

Facts

Geeta Joshi was employed by Pandya Memorial Hospital as a Laboratory Technologist. She was appointed as Laboratory Superintendent in 2013 and later asked for responsibility allowance. She was subsequently appointed as Laboratory Superintendent by another administrator, Peter Ndalu Nzioka, and then revoked. She was also informed of her retirement on December 31, 2015, at the age of 55.

Issues

• Whether the termination of employment was unlawful
• Whether there was discrimination
• Whether the Claimant is entitled to remedies

Reasoning

The Court found that the termination was lawful as it was based on the Respondent's retirement policy, which was not discriminatory. However, the Court noted that the Claimant's employment was marked by conflict and that the Respondent's policy was not applied uniformly.

Outcome

The appeal is dismissed. The Claimant is not entitled to compensation for unlawful termination but is entitled to compensation for discrimination.

Remedies

• Compensation for discrimination

Authorities cited