The Employment and Labour Relations Court has ruled against World Vision Kenya in a case involving the dismissal of long-serving employee Dominic Mutuku Mulavu, awarding him Sh790,398 in compensation.
Mr Mulavu, a driver who had served the organisation for over ten years, was terminated in May 2024 over allegations that he had breached the organisation’s safeguarding policy by engaging in a romantic relationship with a beneficiary.
However, court proceedings established that the woman in question, Ms Mercy Kailu, was not a beneficiary of World Vision’s programmes but an independent businesswoman from Kitui County.
Evidence presented before the court showed that the relationship began in 2022, lasted three years, and was consensual, with the couple intending to formalize it through marriage.
The employer failed to provide proof that Ms Kailu was receiving any services or benefits from the organisation.
In her judgment, Justice Stella Rutto acknowledged that World Vision Kenya had followed due process during the disciplinary proceedings.
However, she found that the safeguarding policy had been misapplied in this case.
The judge clarified that safeguarding frameworks are intended to protect children and vulnerable adults from exploitation, not to regulate lawful personal relationships between employees and members of the community.
Applying the “reasonable response” test, the court held that no reasonable employer would have dismissed Mr Mulavu under the circumstances.
The court awarded him one month’s salary in lieu of notice and eight months’ gross salary as compensation for the unfair termination of his employment.
However, his separate claim alleging violation of privacy was dismissed, with the court finding no evidence that information from the disciplinary process had been improperly disclosed.
The ruling underscores the importance of properly interpreting and applying workplace safeguarding policies.
