The labour court in Nairobi has ruled that employers cannot ban romantic relationships among employees, stressing that company policies should not restrict love.
Justice James Rika of the Employment and Labour Relations Court made the ruling in a case involving MN, a former regional operations manager at G4S, dismissed after starting a romantic affair with a junior employee, DJ.
Justice Rika awarded MN Sh3.2 million for unfair dismissal, stating that it is not the employer’s place to interfere in the personal lives of their staff.
“Nothing is more degrading than for a third party, an employer, to meddle in a love relationship between two consenting adults,” he remarked.
In his ruling, Justice Rika highlighted that workplace romances should be allowed to develop naturally. He urged employers to create environments where employees can thrive both personally and professionally.
“It is a harebrained law or policy that would seek to outlaw the affairs of the heart. Employers must allow Bill and Melinda Gates within their organisations to grow and find themselves in each other while remaining productive for the business,” he declared.
The court found that the employer had not justified MN’s dismissal, noting that Sections 43 and 45 of the Employment Act were not respected. The case included various allegations, such as claims that MN had influenced DJ’s transfer and made unwanted advances. However, the judge found no evidence to support these claims, emphasising the importance of personal privacy and freedom at work.
Justice Rika also examined the company’s policies, particularly a clause in their sexual harassment guidelines that prohibited romantic relationships. He ruled that such policies violate employees’ rights to privacy and are not legally binding.
“In progressive jurisdictions, courts have intervened to protect workplace romance, as long as it does not impact work performance,” he noted.
Justice Rika went on to say that love at workplaces would only serve to increase cohesion and morale within such places. His judgment has been hailed as a good pointer that love could exist even in workplaces if it were treated with respect and discretion.
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