The Employment and Labour Relations Court has ordered World Vision Kenya to pay KSh790,398 to a former driver after ruling that his dismissal over a consensual relationship lacked valid and fair justification.
The Employment and Labour Relations Court has directed World Vision Kenya to compensate a former employee with KSh790,398 after finding that his summary dismissal was unfair.
In a judgment seen by BRK, the court ruled that although the organisation followed procedural requirements in disciplining the employee, it failed to prove that the termination was based on a valid and fair reason as required under Sections 43 and 45 of the Employment Act.
Background of the Case
The claimant, Dominic Mutuku Mulavu, had worked for World Vision Kenya as a driver since March 9, 2012, serving under successive fixed-term contracts. Over a 12-year period, he rose from job grade 8 to grade 12.
He was summarily dismissed on May 16, 2024, after admitting to a romantic relationship with Mercy Kailu while stationed in Mutomo between October 2022 and November 2023.
World Vision Kenya argued that the relationship breached its Child & Adult Safeguarding Policy because Kailu resided within the organisation’s programme area and was considered a beneficiary.
The organisation issued a show-cause letter, received a written response from the employee, and conducted a disciplinary hearing before terminating his employment.
Court Findings on Safeguarding Policy
However, the court found that the relationship between the two adults was consensual and reportedly intended for marriage. It further noted that there was no evidence demonstrating that Kailu was a programme beneficiary or that she had suffered harm, exploitation, or abuse.
The judge ruled that while the safeguarding policy itself is lawful and constitutional, it was misinterpreted and wrongly applied in this particular case.
Additionally, the court held that the internal investigation did not violate the claimant’s right to privacy.
Compensation Awarded
Finding that the dismissal lacked substantive justification, the court awarded:
- One month’s salary in lieu of notice — KSh87,822
- Eight months’ gross salary as compensation — KSh702,576
This brought the total award to KSh790,398, plus interest and costs.
The ruling underscores the requirement for employers to not only follow due process but also demonstrate valid and fair reasons when terminating employees under Kenyan labour law.
