The Employment and Labour Relations Court has faulted a British-owned tea plantation, Ekaterra Tea Kenya PLC, formerly Unilever, for terminating a worker's services on medical grounds, without proof that she could no longer handle chores.
The court ruled that termination of an employee's services on medical grounds requires prior medical investigation and proof of incapacity.
Justice James Rika held that the Employment Act does not specifically mention retirement on medical grounds, but refers to termination on account of physical incapacity.
In the case before the court, Justice Rika found that Ekaterra Tea terminated services of Millicent Achieng on grounds of alleged sickness without giving her a fair hearing.
“The Respondent (Ekaterra) did not take the claimant through a fair hearing, and failed to establish that she was incapacitated, to continue working. There is no evidence that she consented to the decision by the Respondent. Termination was unfair and unlawful, under Sections 41, 43, and 45 of the Employment Act,” said Justice Rika.
The judge ordered the firm to pay Ms Achieng Sh380,000 for unlawful dismissal, rejecting its claim that she retired voluntarily.
Ms Achieng was employed by the tea farm in September 2011 as a tea-plucker / general worker and her services terminated in November 2022 for medical reasons.
She testified that she had worked for 11 years and was aware of her medical condition.
The company denied terminating her contract and stated that she voluntarily agreed to retire.
It stated that it received the medical board’s report dated September 22, 2022, recommending her retirement. This followed confirmation of the illness through MRI tests. The company claimed that the report was discussed by the parties before the claimant retired.
Ms Achieng disputed this, citing lack of involvement and consent to retirement on the basis of the illness.
However, the court ruled that termination was invalid. This is because the recommendations by the company’s medical board did not disclose whether Ms Achieng had become so sick as to be incapacitated to continue serving the company.
The court directed the company to pay Ms Achieng Sh380,000 damages for notice, gratuity, compensation, leave and bus fare, although she had asked for Sh5.6 million in anticipatory salaries to the date of retirement.
