Court orders Safaricom to pay former call centre staff Sh1.1m after ear, nose ailment

Safaricom has been ordered to pay a former employee who was diagnosed with an ear, nose and throat (ENT) ailment and could no longer work at the company's call centre.

High court judge Linnet Ndolo found the sacking of Ms Christine Mwikali Kitheka was a premeditated decision to get rid of her services.

Even the failed attempt to redeploy her, according to the judge, was just a mere smokescreen.

"As a result, I find the termination of the claimant’s employment was unlawful and unfair and she is entitled to compensation," ruled Justice Ndolo.

The court awarded her Sh1, 103, 545 being 12 months’ salary as compensation for illegal sacking.

The judge said she took into account the claimant’s long service and the finding that she did not contribute to the termination.

Justice Ndolo further considered the mishandling of her case by Safaricom, including failure to accommodate her and ensure due process was followed prior to the termination of her employment.

Ms Kitheka sued the company seeking compensation for illegal termination in September 2017.

The former employee said she suffered severe injury to her ears, nose and throat as a result of continuous use of headsets. 

She claimed that following her ailment challenges, she was given medical leave in 2016.   

However, she was recalled to work on August 27, 2017, and informed that she would be redeployed.

She told the court that she pleaded with her employer for time to think about the offer for redeployment.

She was, however, sacked on August 30, 2017, after being issued with a termination letter that stated that she had declined redeployment.

Ms Kitheka accused the telco provider of unlawful termination claiming the sacking was discriminatory based on her medical history.

Safaricom opposed the case through its senior manager, employee and labour relations, Mr Odhiambo Ooko. 

He admitted that Ms Kitheka was diagnosed with an ear, nose and throat ailment. 

Mr Ooko said the company granted Ms Kitheka medical leave in August 2016, after which she was taken through a redeployment process.

He stated that Ms Kitheka was asked to report for duty at the telco's Jambo Contact Centre on August 21, 2017, but she allegedly declined the offer of redeployment and was thus issued with a termination notice.

Safaricom maintained that it had a valid reason for terminating her employment and that a meeting was held on August 21, 2017, to give her an opportunity to be heard.

Upon her sacking, Safaricom awarded her Sh91,962 equivalent to one month’s salary in lieu of notice, payment for accrued leave Sh38,317 and one-day salary for the month of September 2017 amounting to Sh4,379. 

Justice Ndolo said it was on record that Ms Kitheka developed an illness that made it impossible for her to continue working at the call centre.

Safaricom’s senior manager, employee and labour relations, Mr Ooko testified that in January 2014, the company was informed that Ms Kitheka had been diagnosed with an ear, nose and throat ailment.

According to the medical report, Ms Kitheka suffered from a disease known as Acoustic Shock Syndrome, Larngophargeal Reflux Disease and Chronic Laryngitis. 

A report of the diagnosis was made to the Directorate of Occupational Safety and Health Services on March 26, 2014.

Mr Ooko further testified that Ms Kitheka’s doctors had recommended her redeployment away from active voice and headset usage.

He added that a meeting was held on June 9, 2014, between Ms Kitheka and Safaricom's human resource representative, Mr Julius Mwangi Mwaura, where her redeployment procedure was discussed.

According to Mr Ooko, two options were placed before her- to explore redeployment opportunities within three months from the date of the medical report or secondly, retirement on medical grounds if she did not wish to pursue the first option.

But Ms Kitheka argued that Safaricom did not make any real effort to redeploy her as recommended by her doctors.

In July 2023, the Employment and Labour Relations Court awarded former Safaricom customer care representative Eva Bessy Kathambi a Sh2.5 million after she was retired on medical grounds for losing her voice.