The Employment and Labour Relations Court has awarded an employee KSh1 million in compensation after finding that her employer subjected female workers to an unlawful and degrading “menstrual verification” exercise.
The case arose after a used sanitary towel was discovered in a workplace dustbin, prompting the company to launch an investigation aimed at identifying the employee who was menstruating.
According to court proceedings, approximately 35 female employees were allegedly instructed by senior Human Resources and Quality Assurance officers to expose their undergarments in an attempt to determine who was on her menstrual period.
The court found that the exercise violated the employees’ constitutional rights, describing it as unconstitutional, inhuman and degrading.
In its judgment, the Employment and Labour Relations Court held that the employer was responsible for the actions of its senior officers, rejecting the company’s argument that the officials had acted independently without its authority.
The court ruled that the exercise infringed on the employees’ rights to human dignity, privacy and fair labour practices as protected under the Constitution.
As a result, the court awarded the petitioner KSh1 million in damages for the violation of her constitutional rights, reaffirming that employers have a duty to protect the dignity, privacy and welfare of their employees in the workplace.
