Employers Have No Powers To Interfere With Romantic Relationships At Workplace, Court Rules

• MM was terminated by a security firm for engaging in a relationship with a junior employee that involved allegations of sexual harassment
• Justice James Rika ruled that employers should not police office romance by their punitive policies as they are unconstitutional
• He ordered that MM be paid KSh 3.2 million for wrongful dismissal as the company failed to provide valid reasons for his termination

Nancy Odindo, a journalist at TUKO.co.ke, brings over three years of experience covering politics, news, and feature stories across digital and print media in Kenya.

In a landmark ruling, the Employment and Labour Relations Court, led by Judge James Rika, has determined that office romance should not be subject to punitive corporate policies.

The case stemmed from the termination of a senior manager, MM, by a security firm for engaging in a relationship with a junior employee, which included allegations of sexual harassment and financial support for his partner.

"Romantic relationships at the workplace must be left to run their natural course. It is a foolish 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," Justice Rika ruled.

Why did MM sue the company?

MM took legal action after receiving a notice to show cause for allegedly instigating the transfer of a female employee with whom he was in a relationship.

In his ruling, Justice Rika emphasised that not all workplace relationships can be classified as harassment. He specifically stated that giving a lift to a romantic partner does not constitute sexual harassment.

"The respondent appears not to have drawn the line and fully appreciated the difference, between a sexual relationship and sexual harassment. Not every sexual relationship at the workplace is harassment," he stated.

The judge further noted that the company failed to provide a valid reason to justify the termination of MM's contract.

He stated that the requirements of Sections 43 and 45 of the Employment Act were not upheld.

No law prohibits office romances, court rules

The court further declared that corporate policies prohibiting office romances are unconstitutional, underscoring the right of employees to engage in consensual relationships without fear of reprisal.

This ruling reinforces the idea that workplace dynamics should allow for personal connections, provided they are consensual and do not disrupt the workplace environment.

"The court is convinced that this policy is unconstitutional. Primarily, it is a serious invasion of employees' privacy rights, which are protected under Article 31 of our Constitution. The Article states that every person has the right to privacy. Sexual relationships are private. The right includes the right against private affairs being unnecessarily required or revealed, and private communications being infringed," Justice Rika added.

Court awards MM KSh 3.2m for wrongful dismissal

MM, who had been with the company since 2000 and was earning a gross salary of KSh 270,440 at the time of his dismissal in 2020, argued that his firing was unjust.

The court found that the company had acted unlawfully, particularly noting that MM had been subjected to a DNA test to establish paternity, which turned out negative.

Justice Rika ordered the company to pay MM KSh 3,240,000—equivalent to 12 months' salary—as compensation for the unlawful termination.

The ruling serves as a clear message to employers: workplace romances should not be policed or penalised, allowing employees to engage in relationships without fear of reprisals.

Putin urges Russians to make love in offices

In other news, President Vladimir Putin urged workers to make love during their coffee and lunch breaks to address the declining Russian population.

According to another government official, the citizens are not supposed to use their busy schedule as an excuse for not having children.

This came after the country started experiencing low birth rates coupled with many young people fleeing from the country due to the ongoing Russia-Ukraine war.

Proofreading by Otukho Jackson, a multimedia journalist and copy editor at TUKO.co.ke