AKO v Abson Motors Limited [2021] KEELRC 2118 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2118
- Citation
- [2021] KEELRC 2118 (KLR)
- Decided
- 19 February 2021
Summary at a glance
TypeEmployment DisputePostureClaimant's CaseCoramJames Rika
Termination of the Claimant's contract violated her right not to be discriminated against on account of her pregnancy, under the Constitution and the Employment Act 2007, and was unfair.
Facts
Claimant was employed as a Receptionist by Respondent. She was pregnant and experienced sickness, resulting in her being placed on sick leave. She was handed a letter of termination on November 21, 2016, without any notice or reason provided.
Issues
- Pregnancy discrimination
- Unfair termination
Reasoning
The Court found that the termination was based on pregnancy discrimination and lacked procedural fairness. The Court also noted that the Claimant did not have adequate redress in the maximum of 12 months' salary given under the Employment Act.
Outcome
Claimant awarded Kshs. 1,476,340 in damages, including medical report costs, notice, and 17 days' salary for November 2016, and coalesced damages.
Orders
- Certificate of Service to issue
- Costs to the Claimant
Remedies
- Notice
- Medical Report Costs
- 17 Days' Salary for November 2016
- Coalesced Damages
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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