When Workplace Jokes Cross the Line into Sexual Harassment

The Employment and Labour Relations Court in Nairobi has ruled that workplace sexual harassment includes inappropriate digital communication, extending professional standards to private messaging platforms.

The case involved a female employee who resigned after receiving sexually suggestive messages, memes, and videos from her supervisor. The communication began as informal exchanges but became persistent and distressing, creating an intolerable working environment. 

Although the employer maintained that she had resigned voluntarily without lodging a formal complaint, the court found that her resignation amounted to constructive dismissal. In its judgment, the court stated that harassment under section 6 of the Employment Act is not limited to physical conduct. 

It may also arise from repeated digital interactions that interfere with an employee’s ability to perform their duties. The court concluded that the conditions the employee faced made continued employment untenable and awarded her Ksh1.3 million in compensation.

The ruling establishes that digital communication, including messages sent outside working hours, may be considered in harassment claims when it crosses professional boundaries.