- The Employment and Labor Relations Court explained why removing employees from WhatsApp groups is illegal
- A court awarded a woman KSh 4.4 million after finding that she was removed from 21 WhatsApp groups illegally
- The Court referred to Section 10(7) of the Employment Act when deciding against Hallmark Marketing Limited
The Employment and Labor Relations Tribunal has held that denying an employee access to work-related WhatsApp groups may constitute unlawful discrimination and unfair dismissal.
Source: Getty Images
The court also ruled that barring an employee from work-related communication platforms violates fair labor practices, and laid down basic rules for how employers should not use technology to discriminate against employees.
This decision comes after a case was filed against Hallmark Marketing Limited.
Nani was awarded KSh4.4 million
The court noted that the company unfairly dismissed Fidelis Wambui by denying her access to work-related communication platforms, including WhatsApp chat groups and email, while she was on sick leave due to pregnancy.
The newspaper Business Daily reported that the court awarded Wambui KSh 4.4 million as compensation for unfair dismissal and violation of his constitutional rights.
The court declared that denying an employee access to all work platforms while on authorized sick leave is a material breach of contract, making the employment relationship “intolerable and intolerable”.
How did Hallmark violate the rights of Wambui?
Since March 2016, Wambui had worked for the company as a customer service assistant. He claimed that he never received a housing allowance, receipts for goods, or an official letter of appointment.
Wambui revealed that she experienced pregnancy-related complications in March 2021 and was admitted to rest on medical advice.
He reported the incident to the company’s Chief Executive Officer and requested 28 days off. He noted that the Chief Executive Officer was a joke.
Source: Getty Images
She received a letter on April 15, 2021, two days later, informing her that she would be placed on an indefinite leave of absence due to the COVID-19 pandemic.
The employer removed him from work-related communication systems before the start of his leave. He said that his email access had been blocked and that he had been kicked out of all 21 work-related WhatsApp groups.
In violation of her fundamental rights to equality, dignity, freedom from cruel treatment, and fair labor practices, she claimed that she was fired because she was pregnant.
“This sequence, occurring within a few days when the petitioner is at risk due to pregnancy complications, reflects the feelings of her pregnancy,” the court said and rejected the amendment defense.
Hallmark Marketing denied any discrimination, claiming it was committed to supporting women, as evidenced by its predominantly female management and workforce.
The company said it operates as an agency where employee participation is based on client contracts.
However, the court gave the example of the Employment Law Article 10(7), which requires employers to submit employment conditions without an official contract.
Read ENGLISH VERSION
Do you have an exciting story that you would like us to publish? Please contact us via news@tuko.co.ke or WhatsApp: 0732482690.
Source: TUKO.co.ke
