Rosemary Akinyi Kijana v Nairobi City Water and Sewerage Company Limited [2020] KEELRC 911 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 911
- Citation
- [2020] KEELRC 911 (KLR)
- Decided
- 22 May 2020
The Petitioner did not prove violation(s) of rights to equality and freedom from discrimination or human dignity. The discontinuation of the Petitioner’s employment was unfair. The Respondent was in breach of contract.
Facts
Petitioner was offered employment as Director, Human Resource & Administration by Nairobi City Water & Sewerage Company Ltd. The contract was amended to a 5-year fixed-term contract. Petitioner requested early exit on health grounds, which was denied. She then sought renewal of contract, which was also denied. The Respondent discontinued her employment without notice.
Issues
- Discrimination
- Breach of Contract
- Compensation
- Lost Income
- Gratuity
Reasoning
The Petitioner did not prove disability under the Persons with Disability Act. The Respondent's decision was unfair and breached contract terms.
Outcome
Petitioner awarded compensation of Kshs 6,963,600/- and lost income of Kshs 4,178,160/- totaling Kshs 11,141,760/-
Orders
- Compensation of Kshs 6,963,600/-
- Lost income of Kshs 4,178,160/-
Remedies
- Compensation
- Lost income
Authorities cited
Legislation (2)
- Employment Act, 2007
- Persons with Disability Act
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