Tuesday, February 17,
2026 - In a landmark ruling, the Employment and Labour Relations Court has
declared that excluding employees from digital workplace platforms can amount
to unlawful termination.
The case involved Fidelis Wambui and her former employer,
Hallmark Marketing Limited, who removed her from 21 official WhatsApp groups
and blocked her company email while she was on medically authorised pregnancy‑related
leave.
The judge ruled that such actions were not mere
administrative oversights but fundamental breaches of employment rights.
Workplace communication tools, the court noted, are now
integral to modern employment, and exclusion from them can effectively sever an
employee from their duties and professional standing.
The court found that the timing and nature of Wambui’s
exclusion amounted to constructive dismissal and discrimination.
By cutting her off during pregnancy‑related sick leave, the
employer signaled an intention not to honour the employment contract, linking
the action directly to discrimination based on a protected characteristic under
Kenyan law.
Kenya’s Constitution guarantees equality, dignity, and fair
labour practices, while the Employment Act protects employees from unfair
termination and discrimination, particularly on grounds such as pregnancy.
In awarding Sh4.4 million in damages, the court emphasised
both financial and constitutional violations.
The compensation covered salary arrears and statutory
entitlements, but a significant portion addressed the breach of constitutional
rights, underscoring the seriousness of the employer’s conduct.
The ruling reflects a growing recognition that digital
exclusion can be as consequential as a formal dismissal letter.
The Kenyan DAILY POST
){kind=link}
0 Comments