[2013] KEELRC 573 (KLR)

[2013] KEELRC 573 (KLR)

The court found that the respondent's actions in designing and attempting to force the claimant to undergo HIV-AIDS testing constituted an unfair and unconstitutional invasion of the claimant's right to privacy and amounted to discrimination on the basis of health status. The respondent failed to establish a fair...

Source-derived case information.

Citation
[2013] KEELRC 573 (KLR)
Parties
Claimant: A M M; Respondent: Spin Knit Limited
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nakuru
Jurisdiction
Kenya
Judgment Date
4 October 2013
Case Number
Cause 60 of 2013
Procedural Posture
Employment Cause / Judgment
Outcome
judgment for the claimant
Legal Topics
Unfair Termination, Right to Privacy, Discrimination on Hiv Status, Constructive Dismissal, Procedural Fairness, Employee Remedies
Source Language
english
Employment and Labour Civil Procedure Unfair Termination Right to Privacy Discrimination on Hiv Status Constructive Dismissal Procedural Fairness Employee Remedies

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Summary, issues, holding and outcome

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Parties

A M M

Claimant

Spin Knit Limited

Respondent

Procedural Posture

Employment Cause / Judgment

Legal Issues

  1. 1 Whether the respondent unfairly invaded the claimant's right to privacy.
  2. 2 Whether the respondent established a fair reason for the termination of the claimant's employment.
  3. 3 Whether the claimant was accorded due process or fairness in the termination.

Ratio Decidendi

The court found that the respondent's actions in designing and attempting to force the claimant to undergo HIV-AIDS testing constituted an unfair and unconstitutional invasion of the claimant's right to privacy and amounted to discrimination on the basis of health status. The respondent failed to establish a fair reason for the termination, as the evidence did not support the claim that the claimant was absent without cause or failed to follow instructions. Instead, the court accepted the claimant's account that he was constructively dismissed after being locked out for refusing to provide evidence of HIV testing. The respondent also failed to follow the mandatory procedural requirements...

Court Disposition

judgment for the claimant

Orders

  • The respondent to pay the claimant Kshs.641,568.40 by 1.12.2013, failing which interest at court rates to be payable from the date of judgment until full payment.
  • The respondent to complete and submit relevant medical occupational assessment forms to enable the claimant to access compensation for injuries sustained.