The Employment and Labour Relations Court has ruled against World Vision Kenya for firing Dominic Mutuku Mulavu, a long-serving employee, and ordered the organization to pay him Sh790,398 in compensation.
World Vision Kenya dismissed Mr. Mulavu, a driver with over a decade of service, in May 2024. The organization claimed he violated its safeguarding policy by starting a romantic relationship with a beneficiary. However, the court found that the woman, Ms. Mercy Kailu, was actually an independent businesswoman from Kitui County, not a beneficiary of the NGO’s programs.
The two began a consensual relationship in 2022 and planned to marry after three years together. During the proceedings, the employer failed to produce any evidence proving that Ms. Kailu had ever received services or benefits from the organization.
Justice Stella Rutto, who delivered the judgment, acknowledged that World Vision Kenya followed correct disciplinary procedures but ruled that the organization misapplied its safeguarding policy. The judge clarified that the safeguarding framework exists to prevent the exploitation of children and vulnerable adults, rather than to control lawful personal relationships between staff and community members.
Using the “reasonable response” test, the court determined that no reasonable employer would have fired Mr. Mulavu given the facts.
Consequently, the court awarded Mr. Mulavu one month’s salary instead of notice, along with eight months’ gross pay to compensate for the premature end of his career. However, the judge dismissed his separate claim for a privacy violation, noting that the organization did not improperly share information revealed during the disciplinary hearings.
While Mr. Mulavu won on unfair dismissal, he lost his bid for damages regarding his privacy. The court ruled that discussing an employee’s personal life within a closed disciplinary meeting is a standard part of an investigation. For a privacy claim to succeed, the employer would have needed to leak those personal details to the public or unauthorized third parties.
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