A former customer care representative at Safaricom has been awarded Sh2.5 million for pain and suffering after she was retired on medical grounds in October 2012.
Justice James Rika ruled that the telco acted negligently, as the company did not provide Eva Bessy Kathambi with safe call devices and a safe system of work when she worked at the call centre.
The court was informed that Ms Kathambi was retired on October 9, 2012, at the age of 31 years on medical grounds after losing her voice.
She accused the mobile phone operator of failure to provide her with adequate and suitable appliances at the call centre to enable her carry out her work safely.
The Employment and Labour Relations Court judge said he was satisfied that Ms Kathambi suffered an injury to her throat that was occupational.
“There is therefore strong and irrefutable medical evidence to show that the claimant suffered functional dysphonia, or in a language easier to understand, vocal cord paralysis,” the judge said.
Ms Kathambi told the court that she was employed by Safaricom in 2008 and was deployed to the voice section. She developed complications a few months later and was treated by doctors who agreed there was excessive voice usage.
She was required to constantly communicate to Safaricom customers, Ms Kathambi told the court.
