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A Kenyan labour court has declared that romantic relationships at the workplace should be allowed to run their natural course without interference from employers.
Justice James Rika stated that love should not be stifled by corporate policies and that it is not the role of an employer to police the affairs of the heart of its employees.
The ruling came in a case where a former regional operations manager, identified as MN, challenged his termination after allegedly engaging in a sexual relationship with a junior employee, DJ. The company had accused MN of influencing DJ’s irregular transfer and making sexual advances towards her. However, both MN and DJ admitted to having a consensual sexual relationship.
Justice Rika firmly believed that love could thrive even in the most unexpected places and that policies seeking to stop romance at the workplace are not legally defensible. He stated, “Nothing is more degrading than for a third party, an employer, to intermeddle in a love relationship between two consenting adult employees.”
The court found that there was no valid reason shown by the company to justify MN’s termination and awarded him Sh3.2 million (approximately $30,000) as compensation for unfair dismissal. The judge emphasized that employers should be cautious about interfering in workplace romances, as it may amount to an invasion of the privacy rights of their employees.
In his closing remarks, Justice Rika suggested that employers should let love blossom, as workplace romance may even strengthen the employer’s business. The ruling sets a precedent for protecting the rights of employees to engage in consensual romantic relationships in the workplace, as long as it does not affect work performance.
The decision is expected to have significant implications for corporate policies regarding workplace relationships in Kenya and potentially other jurisdictions. It highlights the need for employers to strike a balance between maintaining a professional work environment and respecting the personal lives and privacy of their employees.
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