Court Delivers Landmark Ruling on Employees Rejecting Job Transfers

The Employment and Labour Relations Court in Machakos has overturned a lower ruling that awarded an employee 12 months’ salary for unfair termination. The case involved an employee who refused a job transfer offered as medical accommodation.

In Softcare Kenya Company Limited v Mutungi, the worker developed hearing complications from a noisy packaging role. A doctor recommended avoiding further noise exposure. The company moved her to cleaning duties.

She rejected the new position and demanded a security role instead. The employer said no such vacancy existed. This led to disciplinary action and eventual termination for refusing lawful instructions.

The employee sued, claiming constructive dismissal and unfair termination. The trial court sided with her and ordered KSh259,668 in compensation. On appeal, Lady Justice Jemimah Keli set aside that decision.

Justice Keli ruled there was no constructive dismissal. The employee never resigned. The dismissal followed proper procedure under Section 41 of the Employment Act after she refused the reassignment.

The judge found the employer offered reasonable accommodation. The worker was not cooperative without valid reason. She preferred a role that simply was not available.

The court substituted the award with one month’s salary in lieu of notice, KSh21,639, and ordered issuance of a certificate of service. The ruling clarifies employer rights in reasonable reassignment cases.

This decision provides important guidance for Kenyan workplaces. It balances employee health needs with operational requirements. Employers can reassign staff for valid reasons while employees cannot insist on unavailable alternatives.

Is this the way?