The Central Bank of Kenya (CBK) has been ordered to pay a former employee Ksh 5,008,000 in damages after a court found it subjected her to discrimination and wrongfully terminated her employment due to her mental health.
- •The Employment and Labour Relations Court ruled that the CBK failed to adequately accommodate the employee, Grace Waweru, who had been diagnosed with bipolar mood disorder and schizoaffective disorder.
- •Agnes Waweru, the claimant and mother of Grace’s mother, filed the suit alleging that the CBK unfairly dismissed her daughter in 2020, despite being aware of her mental health challenges.
- •In its defense, the CBK denied the allegations and maintained that it had provided medical care and followed due process in the disciplinary process, asserting that the employee was lucid and aware of the proceedings.
“The onus was on the respondent to investigate the extent of the incapacity or the injury and all the possible alternatives short of dismissal. The respondents (CBK) treated the claimant in a discriminatory manner due to her mental capacity and should therefore compensate her accordingly,” Justice Hellen Wasilwa ruled.
The award includes Kshs. 1,008,000 in compensation, equivalent to 12 months’ salary, and Kshs. 4 million in damages for discrimination.
In the ruling, the court said that the CBK had a responsibility to investigate the employee’s condition and explore alternatives to termination, which it failed to do. It also determined that subjecting the employee to disciplinary proceedings without accommodating her mental health condition is unfair and discriminatory.
The court’s decision was based on the Employment Act and the Persons with Disabilities Act, which mandate equal opportunity and accommodation for persons with disabilities, including mental disabilities.
