The Employment and Labour Relations Court has ordered the Central Bank of Kenya (CBK) to pay KSh 5 million to a former cleaner, identified as GWW, who was dismissed from her position four years ago due to mental health issues.
Justice Hellen Wasilwa ruled that GWW’s termination in 2020 was discriminatory, as it was based on her mental health condition, specifically clinical depression and schizoaffective disorder.
The court found that CBK failed to provide reasonable accommodations or support to address her medical condition, despite being aware of her struggles through various reports and communications.
GWW had been employed by CBK since 2009 and had served diligently until 2019 when she began experiencing mental health challenges.
Despite medical recommendations for support and adjustments to her work environment, the bank did not take appropriate measures to assist her.
Instead, she faced disciplinary actions for absenteeism, leading to her dismissal in 2020 on grounds of gross misconduct.
The court criticized CBK for not offering GWW lighter duties or transferring her to a less stressful environment, which could have alleviated her condition.
Justice Wasilwa emphasized that the bank’s inaction exacerbated GWW’s mental health issues, ultimately resulting in her unfair dismissal.
The judge stated, “CBK treated the claimant in a discriminatory manner due to her mental capacity and should therefore compensate her accordingly.”
As a result, the court awarded GWW a total of KSh 5 million in compensation.
This sum includes the equivalent of 12 months’ salary, amounting to KSh 1 million, for the loss of her livelihood, and an additional KSh 4 million as damages for discrimination based on mental disability.
This ruling poses the importance of employers adhering to the Mental Health Act and providing necessary support to employees facing mental health challenges.
It also highlights the legal obligations of organizations to ensure non-discriminatory practices in the workplace, particularly concerning mental health.
The case serves as a reminder to employers about the significance of mental health awareness and the need for supportive measures to accommodate employees dealing with such issues.
Failure to do so not only contravenes legal standards but also can lead to substantial financial and reputational repercussions.
It is anticipated that organizations will re-evaluate their policies and practices to ensure compliance with mental health regulations and to foster a more inclusive and supportive work environment for all employees.
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