Court Ruling on the Case of Pregnancy Discrimination From An Employer

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Are your HR Processes compliant with Kenyan Labour Laws? Do you follow the correct procedure when terminating an employee?

Below is a recent costly and time-consuming case where a female employee took an employer to court following unlawful termination due to pregnancy, as told by The Standard.

The Employment and Labour Relations Court (ELRC) recently awarded Ms. Philomena Kitony, a teacher at the Holy Spirit Secondary School board, Kshs.500,000 following discrimination for being pregnant. At the same time, Justice Bernard Odongo ordered the school to pay her Kshs.52,000 for unfair termination.

In 2016, Kitony requested the board to allow her to take maternity leave for three months. Instead, they orally terminated her employment and never gave her a reason.

To support her case, Kitony produced a birth certificate indicating that she delivered on April 18, 2017, and antenatal reviews from November 2016.

However, the board denied it had kicked Kitony out because she was pregnant. They also claimed they were unaware of her pregnancy. It claimed that her students consistently performed poorly in her subjects. It also accused her of being cruel to her students, adding that she took leave during a school holiday.

Justice Odongo added that the school’s allegation that it was unaware of the pregnancy was farfetched as she requested leave two weeks before she gave birth.

Section 29 of the Constitution provides that a female employee is entitled to fully paid three months’ maternity leave separate from the annual leave provided by labor laws.

In addition, Section 5 (3) (a) of the Constitution bars employers from discriminating against or harassing female employees based on pregnancy.

Here at Corporate Staffing, we are happy to help you streamline your HR processes to help you stay away from costly and time-consuming litigations.

As Kenyan Labor Laws Experts, we will ensure all your HR processes and documentation comply with Kenyan employment law.

Please send an email to events@corporatestaffing.co.ke for a free consultative meeting where we will seek to understand your needs and develop solutions tailored to your business!