The Employment and Labour Relations Court in Kenya has ruled in favor of Jeniffer Kyengo, a former general manager at Grainden Millers Limited, awarding her Sh2.2 million in compensation for constructive dismissal and pregnancy discrimination. Kyengo had joined the flour miller on January 15, 2019, and rose to general manager, overseeing sales and operations. However, she faced disputes over her conduct and performance during her pregnancy, which escalated into a series of disciplinary notices and her eventual removal from workplace WhatsApp groups.
Between February and June 2021, Kyengo received seven show-cause letters from her employer while pregnant and on maternity leave. She argued that the treatment had left her with no choice but to resign in June 2021. The company maintained that removing her from the WhatsApp groups was intended to give her space to concentrate on caring for her child. However, the court found that the company's actions, including the repeated disciplinary notices and exclusion from workplace communication, made Kyengo's continued employment untenable.
The court examined the seven notices issued between February 19 and June 16, 2021, alongside the circumstances surrounding Kyengo's maternity leave. The judge, Justice Christine Baari, noted that employers were entitled to raise genuine concerns about an employee's performance or conduct but had to act fairly and in good faith. The repeated notices, particularly those issued during maternity leave, were significant when considered alongside the WhatsApp exclusion and demands for a handover while Kyengo was medically unwell.
The court also examined the dispute over Kyengo's salary, which she claimed was reduced from Sh206,424 to Sh156,000. Grainden argued that the higher salary figure reflected a Sh150,000 appreciation bonus paid in instalments rather than an increase in basic salary. However, the judge accepted the payslips as evidence of the applicable salary. The company also accused Kyengo of failing to recover customer payments and return company property, but the court found that Grainden had not proved its claims.
In its ruling, the court found that Grainden had constructively dismissed and discriminated against Kyengo because of her pregnancy, violating Section 5 of the Employment Act and Article 27 of the Constitution. The judge stated that "maternity leave is a statutory right, and an employee must not be disadvantaged for exercising that right." The court awarded Kyengo Sh1.2 million, equivalent to six months' salary, for constructive dismissal and a further Sh1 million for pregnancy discrimination.
Kyengo's resignation letter and communications made at the time showed that she had quit in response to the treatment. The court therefore found constructive dismissal despite her having formally resigned. The company's counterclaim seeking notice pay, the value or refund of property allegedly not returned, and compensation for losses linked to unpaid customer invoices was dismissed with costs.
The court's ruling highlights the importance of protecting employees' rights, particularly during maternity leave. The case demonstrates that employers must act fairly and in good faith when dealing with employees, especially those who are pregnant or on maternity leave. The ruling also underscores the need for employers to provide a safe and supportive work environment, free from discrimination and harassment.
Key points
- The Employment and Labour Relations Court in Kenya awarded former general manager Jeniffer Kyengo Sh2.2 million in compensation for constructive dismissal and pregnancy discrimination.
- The court found that Grainden Millers Limited had constructively dismissed and discriminated against Kyengo because of her pregnancy, violating Section 5 of the Employment Act and Article 27 of the Constitution.
- The ruling highlights the importance of protecting employees' rights, particularly during maternity leave, and the need for employers to act fairly and in good faith when dealing with employees.
