A female attorney is fighting to keep her job at a civil society organisation after being fired for allegedly calling her junior male coworker nicknames, which the employer deemed sexual harassment.
The organisation known as Kituo cha Sheria fired the woman, whose identity has been withheld for legal and personal reasons after a male worker reported sexual misconduct for allegedly having been referred to as "baby boy."
According to court documents, she referred to the unidentified guy as a "boy lollipop." According to the NGO, she nicknamed the guy without his permission.
The accused worked as a programme supervisor until November 2022, after which she was fired due to sexual harassment allegations.
Following her dismissal, the woman filed a lawsuit against Kituo cha Sheria, alleging unfair dismissal. The Employment and Labor Relations Court is now anticipated to decide whether or not giving an employee an endearing name that is considered suggestive constitutes sexual harassment at work. The court will also decide whether the termination procedure was legal.
The woman has since lost an attempt to stay her termination awaiting a hearing and the outcome of her petition seeking restoration and damages. She also asked the judge to prevent the organisation from hiring someone to replace her.
According to court documents by Muma and Kanjama Advocates, a member of the programmes' team filed a complaint against the lawyer on April 23, 2022.
In compliance with Section 41 of the Employment Act of 2007, she was asked to reply and was subjected to the disciplinary procedure.
"It was concluded that the petitioner was involved in sexual harassment of an employee whom she had supervisory control over by repeatedly using the term "baby boy" and "boy lollipop" when referring to him without his consent and through advances of a sexual nature that were both verbal and physical," said the advocates.
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