Navigating Workplace Faith Diversity: Legal Analysis Of Recent Court Decision

• Published date: 11 March 2024
• Subject Matter: Employment and HR, Contract of Employment, Discrimination, Disability & Sexual Harassment, Employee Rights/ Labour Relations
• Law Firm: Anjarwalla & Khanna
• Author: Ms Rosa Nduati-Mutero and Faith M. Macharia

On 29 June 2023, the Employment and Labour Relations Court (ELRC) ruled on Scoline Anyango Ojung'a's (the Claimant) case against Healthlink Matcare Ltd T/A Nairobi Women's Hospital (the Respondent) for alleged unfair termination.

The Court's decision has significant impact on employers and businesses as it: - (i) underscores the constitutional duty of employers to respect their employees' religious beliefs since the court ruled that it is unjust and unlawful to place employees in a position where they must choose between their faith and their job; (ii) reinforces that termination must be founded on valid and substantive reasons that are justifiable within the given circumstances; (iii) highlights the potential illegality of work arrangements that restrict fundamental rights protected by the Constitution; (iv) underscored that it is unlawful for employers to require employees to use accrued leave days during a suspension since annual leave days are a statutory right granted to employees by the Employment Act; and (v) highlights the importance of clear policies and procedures within a company. The absence of a policy prohibiting the delegation of responsibilities weakened the Respondent's position of lawful termination.

Background
The Claimant, a Seventh-Day Adventist who observes Saturdays for worship, was a Hospital Manager until 5 April 2018. The Claimant and the Respondent agreed that she would work on the first Saturday of each month, reserving other Saturdays for worship, and compensating with Sunday shifts due to the hospital's ongoing operations.

On 21 February 2018, the Respondent convened a budget approval meeting. However, the budget for one of the Respondent's branches was not endorsed and needed adjustments. The Claimant and her team made the necessary changes, but due to her religious commitment, she delegated presenting the revised budget on Saturday, 24 February 2018, to a colleague, as it coincided with her worship day. Despite formally requesting to be excused on Friday, 23 February 2018, via email, citing her religious obligations, the Claimant's request was denied by the Respondent. Nevertheless, she continued with her religious practice. Subsequently, on Thursday, 5 April 2018, the Respondent terminated her employment, alleging gross misconduct.

The Claimant contended that her termination based on her failure to work and present the final budget on 24 February 2018, was unfair, discriminatory, and infringed upon her religious freedoms...