Muambi v Unik Car Hire & Safaries Limited (Petition E002 of 2022) [2023] KEELRC 2479 (KLR) (4 October 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2479
- Citation
- [2023] KEELRC 2479 (KLR)
- Decided
- 4 October 2023
The court finds one month's notice pay and compensation of Kshs. 27,000 appropriate.
Facts
The petitioner, Muambi, was employed as a driver by Unik Car Hire & Safaries Limited from 1999. On January 4, 2019, he reported for work but experienced eye problems and could not see. He sought medical treatment but his condition deteriorated. In February 2019, he was directed to resign due to his reduced eye sight, but he refused and was not paid. He later filed a petition seeking notice pay and compensation.
Issues
- Employment rights under the Employment Act, 2007
- Notice pay and compensation for a driver with eye sight problems
Reasoning
The court ruled that the employer failed to issue proper notice and allow the employee to attend and address his incapacity to work due to eye sight problems. The court found that a one-month notice pay and compensation of Kshs. 27,000 was appropriate.
Outcome
Judgment entered for the petitioner against the respondent in the amount of Kshs. 27,000 for notice pay and Kshs. 27,000 for compensation.
Orders
- Notice pay Kshs. 27,000
- Compensation Kshs. 27,000
Authorities cited
Legislation (1)
- Employment Act, 2007
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