By The Weekly Vision Team
Judge N. J Abuodha of the Employment and Labour Relations has awarded Ksh. 3.8m to a pilot with ALS Limited, Mr Jay Raj Kapila as compensation after he was subjected to loud noise that caused his hearing to deteriorate, the ruling is dated October 19, 2023.
The pilot had sued ALS Ltd. through an application dated February 27, 2023, seeking orders from the court to adopt the Director of Occupational Safety and Health Services and an award of Ksh. 3,888,000/=. In his affidavit, Kapila averred that he entered into a contract of employment dated 26 September 2016 with ASL Ltd where he was retained as a pilot, and because of loud noise, it led to a deterioration of his hearing. Kapila further averred that on August 10, 2021, he saw an ear, nose, and throat surgeon, Dr Mujahid F. Din, and he was assessed to suffer from bilateral sensorineural hearing loss together with tinnitus, which was caused by prolonged exposure to noise.
He finally resigned after supplying ASL Ltd.’s HR with the said report. The HR manager submitted DOSH Form 1 to the Director of Occupational Safety and Health Services, of which the applicant’s copy is dated September 19, 2021. Still, it appears to have been submitted to the director on July 9, 2022. The director assessed the compensation due to him at Kshs 3,888,000/= on July 9, 2022.
Kapila further claimed that ASL Ltd. did not lodge any objection to the director’s award and had not paid the assessed amount to the director within 90 days as required. On 19th December 2022, a demand was issued to ASL Ltd but it has since failed, neglected or refused to pay the assessed amount.
However, ASL Ltd. claimed that Kapal was invited to a meeting at DOSH on March 28, 2023, but he refused to attend. This was, however, a month after he had filed the present application. The ruling reads in part “In conclusion, the applicant’s application dated February 27, 2023, is found merited, and the court adopts the director’s award of December 19, 2022, at Kshs 3,888,000/= as a decree of the court and interest at court rates until payment in full”.
