Micah Cheruiyot v Cooperative Bank of Kenya Limited [2019] KEELRC 565 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 565
- Citation
- [2019] KEELRC 565 (KLR)
- Decided
- 23 September 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair TerminationPostureClaimant vs RespondentCoramHON. LADY JUSTICE HELLEN WASILWA
Holding
The retirement was unlawful and unfair, and the Respondent failed to follow due process.
Facts
Claimant was employed as a Graduate Clerk until his retirement on medical grounds. He was subjected to disciplinary hearings and show cause letters, but the Respondent did not follow its own internal policy or conduct a medical examination.
Issues
- Unlawfulness of retirement
- Discrimination on account of disability
- Fairness of termination
Reasoning
The Claimant never applied for retirement on medical grounds, and there was no evidence of an independent medical examination. The Respondent's actions were discriminatory and unfair.
Outcome
Claimant awarded 10 months' salary in lieu of termination, 1 month's salary in lieu of notice, and costs.
Orders
- Declaration of unlawful termination
- Compensation of 1,505,010/= for 10 months' salary
- 1 month's salary in lieu of notice
- Costs awarded to Claimant
Remedies
- Compensation for unlawful termination
- Salary in lieu of notice
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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