In a landmark decision, the Employment and Labour Relations Court has ruled that employers cannot impose policies banning romantic relationships between employees.
The court's judgment, delivered by Justice James Rika in Nairobi, emphasised that love should not be stifled by corporate regulations.
The ruling stemmed from a case involving MN, a former regional operations manager at G4S, who was dismissed after engaging in a romantic relationship with DJ, a junior employee.
Justice Rika awarded MN Sh3.2 million for his unfair dismissal, stating that employers have no authority to interfere in the personal lives of their staff.
In his judgement, Justice Rika remarked, "Nothing is more degrading than for a third party, an employer, to intermeddle in a love relationship between two consenting adult employees."
Read More
The court found that G4S had unjustly terminated MN's employment, and there was no valid reason presented to justify the dismissal.
Justice Rika noted that the company's actions violated Sections 43 and 45 of the Employment Act, which require an employer to have valid and fair grounds for terminating an employee's contract.
Justice Rika went on to challenge the company's policies, particularly its sexual harassment clause prohibiting romantic relationships.
The judge ruled that such policies infringed on employees' privacy rights and were legally indefensible.
He explained, “It is a harebrained law or policy that would seek to outlaw the affairs of the heart. Employers must leave Bill and Melinda Gates within their undertakings to grow and to find themselves in each other, while they continue to be productive to the business."
The case had raised allegations of misconduct, including claims that MN had used his position to influence DJ's transfer and made unwanted advances towards her.
However, the court found no evidence to support these claims. Moreover, DJ's allegation that MN had impregnated her was disproven by a DNA test.
Justice Rika further criticised the company's approach, asserting, “In progressive jurisdictions, courts have intervened in favour of protecting workplace romance, so long as it does not affect work performance.”
He highlighted the potential positive impacts of workplace romance, suggesting it could even boost morale and strengthen the company’s dynamics.
In his ruling, Justice Rika stressed that personal relationships should be allowed to develop naturally without fear of retribution, provided they do not interfere with work responsibilities.
He encouraged employers to create an environment that supports both professional and personal growth, stating that “romantic relationships at work should be left to their own natural course.”
The court’s ruling underscores the need for companies to respect the privacy and personal freedoms of their employees, while acknowledging the complexities of human relationships in the workplace.
-1720115321.jpg)
