Bakhoya v Chane & another (Employment and Labour Relations Petition E147 of 2023) [2024] KEELRC 293 (KLR) (16 February 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 293
- Citation
- [2024] KEELRC 293 (KLR)
- Decided
- 16 February 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour Relations PetitionPosturePetitioner's appeal against termination of employmentCoramAN MWAURE
Holding
The Petitioner’s employment was terminated on the basis of her health status and was discriminatory, unfair and unlawful.
Facts
Petitioner was employed as a house manager and caregiver from 2013 to 2023. She fell ill in March 2023 and took sick leave. She returned to work in May 2023 but was not given a reason for her termination.
Issues
- Whether the Petitioner’s employment was terminated on the basis of her health and was discriminatory, unfair and unlawful.
- Whether the Respondents violated the Petitioner’s constitutional rights.
- Whether the Petitioner is entitled to the reliefs sought.
Reasoning
The Respondents denied the Petitioner was terminated on health grounds, stating she was replaced and not notified of her inability to work. The Court found the termination was discriminatory and unfair.
Outcome
The Petitioner is entitled to the reliefs sought.
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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