The Central Bank of Kenya headquarters in Nairobi.
The Central Bank of Kenya (CBK) has been ordered to pay a former cleaner Sh5 million for discrimination after she was fired four years ago due to mental health issues.
The Employment and Labour Relations Court found the sacking of GWW (her name has been hidden to protect her identity) was discriminatory as she was shown the door in 2020 on account of her mental disability.
Justice Hellen Wasilwa faulted the regulator for failing to address her problem after discovering that she was suffering from clinical depression and schizoaffective disorder.
“CBK treated the claimant (GWW) in a discriminatory manner due to her mental capacity and should therefore compensate her accordingly,” ruled the judge.
The former employee was sent home in 2020 for alleged gross misconduct due to absenteeism.
Through her mother, AWW, the former employee said despite being aware of her medical condition through various reports and communications, the CBK failed to provide reasonable accommodations, such as lighter duties or a transfer to a less stressful environment.
She argued that the former employer’s inaction exacerbated her mental health condition, ultimately leading to her termination.
Justice Wasilwa agreed stating that CBK proceeded to hear her during disciplinary proceedings casually and failed to help her alleviate her problem despite a report from the doctor indicating that her work made the situation worse.
She directed the CBK to compensate her equivalent to 12 month’s salary for the cruel treatment that made her lose her livelihood of Sh1 million and damages for discrimination on account of mental disability of Sh4 million.
GWW joined CBK in 2009 and all was well until 2019 when she developed mental health issues, including clinical depression and schizoaffective disorder.
She argued that despite the employer’s knowledge of her condition, it failed to provide her with comprehensive medical care as required under the Mental Health Act.
AWW further stated that the former employer aggravated her daughter’s situation by failing to reduce work pressure or assign her lighter duties, despite requests and the recommendations of medical staff.
The mother told the court her daughter was summarily dismissed yet the employer was aware that her performance issues stemmed from her mental illness, despite her prior exemplary service of over 10 years.
AWW accused the CBK of subjecting her to a disciplinary process, purporting to consider her responses while disregarding her impaired capacity to defend herself.
She said the disciplinary action culminated in her termination which she described as discriminatory, unfair, and actuated by malice.
The mother said GWW was able to perform her cleaning duties despite her condition and that her termination “has caused undue hardship to her and her three children.”
She tabled multiple medical reports from Amani Counselling Centre, all of which highlight her mental health challenges and recommendation for support and reasonable accommodations.
The reports highlighted her struggles with bipolar mood disorder and schizoaffective disorder, conditions that impaired her reasoning and executive functions.
CBK defended the decision to terminate her stating that due process was followed, including multiple show-cause letters issued between 2016 and 2020, and a hearing before the disciplinary and grievance committee.
The CBK said it provided her with a comprehensive medical cover and substantial support during her treatment as outlined in her employment contract.
The bank’s regulator further told the court that GWW had resigned in 2015 due to personal challenges and it intervened by referring her to Amani Counselling Centre for support.
After several counseling sessions, it was recommended that the resignation be rescinded and she be referred for psychiatric support.
She continued receiving medical care and counseling until 2018, when she was diagnosed with a schizoaffective disorder resulting from a motorcycle accident.
In 2020, the CBK issued two show-cause notices due to absenteeism, and her medical condition was considered before initiating disciplinary procedures. She was ultimately sacked in 2020 over alleged gross misconduct.
