Romantic relationships at the workplace must be left to run their natural course, a Kenyan labour court has ruled.
Justice James Rika said love should not be stifled by corporate policies.
He said it is not the role of an employer to police the affairs of the heart of its employees.
“Nothing is more degrading than for a third party, an employer, to intermeddle in a love relationship between two consenting adult employees,” he said.
He made the findings in a case in which a former employee challenged his termination after allegedly engaging in a sexual relationship with a junior employee.
He termed his termination unfair.
At the time, MN was the regional operations manager at a firm, a position he held until December 2020 when the firm unfairly and unlawfully terminated his contract.
He used to earn Sh270,400. He held this position, until December 22, 2020.
He told the court that on November 13, 2020, his employer issued him with a letter to show cause why, disciplinary action should not be taken against him.
He was alleged to have influenced the irregular transfer of another employee, DJ who was his junior, to a different assignment.
He was also accused of making sexual advances to her; and engaging in borrowing and lending of money with her.
MN admitted to having a sexual relationship with DJ.
DJ also did not dispute it but she was also let go after lying to the company that MN had made her pregnant and declined to offer her child support.
A DNA test was conducted and it proved that the child DJ sired was not MN’s.
MN also said he was not in a position to influence her transfer as alleged to which the Judge agreed there was no evidence to support the same.
Even though the firm’s clause 14 of the Sexual harassment policy suggests that sexual relationship is prohibited, the Judge said the same violates on lover’s right to privacy.
He was of the firm belief that love could thrive even in the most unexpected places and that policies that seek to stop romance at the workplace are not legally defensible.
“In progressive jurisdiction, the courts have intervened in favour of protecting workplace romance, so long as it does not affect work performance,” said the Judge
Employers, he explained, ought to be cautious about interfering in a workplace romance, as the same may amount to an invasion of the privacy rights of their employees.
In MN’s case, the Judge said there was no valid reason shown by the company to justify his termination.
He awarded him Sh3.2 million as compensation for unfair termination.
“In the view of the Court, there was evidence of a sexual relationship between the two but no convincing evidence, that the sexual relationship, morphed into sexual harassment,” he said
In closing, Rika said employers should let love blossom as workplace romance may even strengthen the Employer’s business.
Culled: The Star