The Labour Court dismissed Eduardo Kavungu’s appeal against the rejection of his disability discrimination complaint against Kerry Foods / Kerry Foods Limited, affirming the adjudication officer’s decision. Its determination was dated 2 August 2018.
Kavungu argued that illness had affected his ability to respond to the company’s letters and that Kerry Foods / Kerry Foods Limited should have accommodated him. The company said it had repeatedly sought medical certificates and asked him to engage with its attendance policy.
The Court found that Kavungu had not established facts from which discrimination could be presumed and concluded that he was not discriminatorily dismissed on disability grounds.