Woman Awarded Ksh1.4M After Firm Fired Her for Pregnancy

A pregnant woman
A pregnant woman
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The Labour Court has ordered a woman who was fired in November 2016 to be paid Ksh1.4 million for unfair dismissal.

The court found that the company unfairly fired the former employee who was then a receptionist despite having been told by her doctors to take a pregnancy-related sick off.

Justice James Riika of the Labor Court said that her former employer ignored the professional advice issued by a doctor who was attending to her.

An Empty Court Room
An Empty Court Room

"Pregnancy discrimination implicates violation of multiple fundamental rights under the constitution," Riika ruled.

The woman had told the court that in August of 2016 she felt unwell and upon visiting the hospital she was told she was pregnant. Her doctor then recommended taking some time off from work to care for her health and resume work in November of the same year.

She also told the court that when she told her employer about the doctor's recommendation, she was asked to return and get paid for the three-month sick off but she declined.

When she reported back to work, she was given a termination letter dated four days before her resumption. 

The court awarded the woman Ksh1.4 million after the firm failed to provide any other reason which might have led to her dismissal. 

In 2020, a court-ordered Windsor Hotel and Country Club to pay Ksh 2.6 million to a woman who said she had been fired over her pregnancy. 

The 2010 constitution under article 27 prohibits discrimination of any kind by an employer and that includes pregnancy. 

The Employment Act, 2007 under section 5(3) also prohibits discrimination against prospective employees or an employee on the grounds of their pregnancy.

Embu
File Image of the Employment and Labour Relations Court in Kenya in Embu.
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