Lawrence Namba v Ken Knit Kenya Ltd [2021] KEELRC 2348 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2348
- Citation
- [2021] KEELRC 2348 (KLR)
- Decided
- 11 June 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from an original trial decisionCoramHON. JUSTICE J. N. ABUODHA
Holding
The Court will not make a finding on unfair termination but directs a joint medical examination to determine Claimant's suitability for work.
Facts
Claimant was employed by Respondent as a knitter. On June 25, 2015, he was involved in a road accident and developed convulsive disorder. He was advised to perform light duties and avoid operating machinery. On December 9, 2015, Respondent terminated his service, citing unstable health. Claimant alleged unfair termination.
Issues
- Whether Respondent terminated Claimant's service unfairly
- Whether Claimant was constructively dismissed
Reasoning
Claimant's injuries made it impossible for him to perform his duties, and the respondent could not find suitable lighter duties. The Court directs a medical examination to ascertain Claimant's suitability for work.
Outcome
Remand for further medical examination
Orders
- Joint medical examination of Claimant
- Discussion of exit arrangements between parties
Remedies
- Payment of appropriate and commensurate terminal dues to Claimant
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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