Court rules in favour of employee's worship day in landmark case against Nairobi Women Hospital

In a landmark ruling, the Employment and Labour Relations Court of Nairobi has declared it illegal for employers to compel employees to work on their worship days.

The court made this decision in response to a case filed by Scoline Anyango Ojung’a against her former employer, Nairobi Women's Hospital, for wrongful termination of her services.

Ojung’a, a devoted member of the Seventh-Day Adventist faith, explained to the court that Saturdays hold significant religious importance to her and fellow adherents.

As a result, she requested her employer to excuse her from work on Saturdays so that she could observe her faith.

“Consequently, Seventh Day Adventists do not work on this day. In order to observe this practice, the Claimant states that she asked the Respondent to excuse her from work on Saturdays," read the judgement.

According to the judgment, the Claimant had initially reached an agreement with her employer, allowing her to work on the first Saturday of every month and reserve the remaining Saturdays for worship.

To compensate for the missed Saturdays, Ojung’a volunteered to work on Sundays since the institution operated seven days a week.

The dispute arose when Ojung’a sought to be excused from a meeting scheduled for February 24, 2018, as it coincided with her worship day, and she had pre-arranged church activities for that day.

Despite notifying a member of her employer's management team and providing a valid reason, her request was declined.

Ojung’a argued that the refusal to accommodate her religious obligations amounted to a violation of her freedom of religion.

The court, in its ruling, acknowledged that her employer's decision to terminate her employment due to her absence from the meeting was both unjust and in contravention of her rights.

"I have observed in the preceding parts of this decision, it is clear to me that the Respondent not only terminated the Claimant’s employment without valid reason but also violated the Claimant’s freedom from discrimination and freedom of religion," the judge declared.

This ruling sets an important precedent for employees across the country, ensuring that their religious practices are respected and protected in the workplace.

It highlights the fundamental right of individuals to observe their faith without fear of discrimination or adverse employment consequences.

Employers will now be obligated to make reasonable accommodations for employees' worship days, acknowledging the importance of religious diversity and upholding the principles of freedom of religion enshrined in the Constitution.

The court's decision serves as a reminder that in a multicultural society like Kenya, respecting religious practices and fostering an inclusive work environment is essential for harmonious coexistence.

As Kenya continues to uphold the principles of justice, freedom, and equality, this ruling marks another significant step toward safeguarding the rights and religious freedoms of all its citizens.