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The best interest of a child, more so those with special needs, supercedes the employer’s interest to transfer an employee, the Employment and Labour Relations Court Judge Jemimah Keli has ruled in a landmark judgment.
The judge said that although employers have powers to transfer employees, she said that the rights of a child to be taken care of, the emotional connection to a parent, rank higher, with employers now being required to give reasonable accommodation to employees with children before effecting the transfers.
She was of the view that the International Labour Organisation convention was clear that male and female workers with family responsibilities ought to be engaged without bringing a conflict between their employment engagement and their family responsibilities.
