Office romances between consenting employees are now protected from disciplinary action by employers, following a ruling by the Employment and Labour Relations Court.
In a landmark decision expected to reshape workplace sexual harassment policies, Justice James Rika clarified that not all romantic relationships in the workplace amount to sexual harassment.
The ruling arose from a case involving a senior manager at G4S Kenya Limited who was dismissed over claims of a romantic relationship with a subordinate.
“Romantic relationships at the workplace must be left to run their own natural course,” Justice Rika ruled.
Section 6 of the Employment Act identifies sexual harassment as a violation of workers’ dignity, placing a responsibility on employers to prevent and address such behavior in the workplace.
However, Justice Rika warned employers against misusing this provision “to police romantic relationships or prohibiting marriage and families, that may be built, between consenting employees.”
Justice Rika underscored that a policy that seeks to prohibit romance at the workplace is not legally defensible adding that “it is not the role of an employer to police the affairs of the heart, of its employees.”
“Such prohibition contained at the end of the policy is an anti-fraternization overreach; it is contrary to the policy’s purpose, against the Constitution; and against the very law of nature. It is a prohibition which cannot be sustained by any court of law, exercising its mind judiciously,” he ruled.
To reinforce his ruling, Justice Rika emphasized that workplace romances can actually benefit employers, potentially leading to stronger business ties if they evolve into family relationships, citing the example of Bill and Melinda Gates.
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“The two met at the Microsoft workplace, where Bill was the CEO and Melinda was an employee. They built the globally renown Microsoft brand,” he said.
While the Employment Act does not outline specific penalties for sexual harassment violations, it mandates fair treatment.
Failure to act on complaints of sexual harassment can lead to legal consequences, including claims for unfair dismissal if an employee is harassed and dismissed without action being taken.
In the case, the court declared that the termination of the claimant, Mark Ngugi Mwaura was unfair due to a lack of valid reason.
Consequently, the court ruled that Mwaura be awarded compensation equivalent to 12 months’ salary, totaling Sh3,244,800.
