RAO v O L & another (Cause E744 of 2023) [2025] KEELRC 2485 (KLR) (19 September 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2485
- Citation
- [2025] KEELRC 2485 (KLR)
- Decided
- 19 September 2025
Summary at a glance
TypeConstructive DismissalPostureAppeal from an original trialCoramSC RUTTO
Constructive dismissal occurred due to intolerable working conditions created by the employer, leading to the resignation of the claimant.
Facts
The claimant, a Finance and Admin Associate, resigned from her position due to alleged sexual harassment and rape by her supervisor, who was the CEO. The company initiated an internal investigation but the claimant resigned citing a hostile work environment.
Issues
- Constructive dismissal
- Admissibility of WhatsApp text messages and TikTok video as evidence
- Whether a superior's message containing sexual innuendo constitutes sexual harassment
- Whether allegations of sexual harassment and rape by a junior employee against a superior are sufficient to ground a claim of constructive dismissal
Reasoning
The court held that the superior's sexually explicit messages and the established sexual encounter, proven on a balance of probabilities, breached section 6(1) of the Employment Act and ILO Convention No. 190, rendering the workplace intolerable.
Outcome
Claimant awarded Kshs 1,320,000 in compensation and one month's salary in lieu of notice.
Orders
- Award of Kshs 1,320,000 in compensatory damages.
- Award of one month's salary in lieu of notice.
- Dismissal of the respondents' counterclaim.
Remedies
- Compensatory damages of Kshs 1,320,000.
- One month's salary in lieu of notice.
Authorities cited
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