EMPLOYERS VIS-A-VIS EMPLOYEE PRIVACY AT THE WORK PLACE

Work place equipment and devices are not private property but is there a limit to how far an employer can pry? Is personal communication on a workplace device safe from an employer's snooping? The court explored this previously uncharted territory in the case of Musa & Another vs Makini Schools Limited in its ruling delivered on 17th January 2025. Below is a brief summary of the ruling.

Brief Facts of the Case

About 4 years ago, information that does not paint Makini Schools Limited (the School) in a good light was published. This prompted the School to launch investigations so as to establish the source of the information. The school discovered that a laptop belonging to one Silas Wafula, a Human Resources officer was still logged into WhatsApp where chat conversations that contained sensitive information were found.

The WhatsApp communication incriminated not only Mr. Wafula but also one other teacher, Japher Nanjira Musa. Both were dismissed, which prompted this case as they claimed unfair dismissal.

Musa claimed that the evidence used against him during the disciplinary hearing was illegally acquired as it violated his privacy. The School on the other hand claimed that all information contained on school devices was company property and the School had a right of access.

Court's Ruling

The Court held that while the right to privacy was protected under the Constitution, it was not an absolute right especially when it violated another person's rights. It clearly stated that information contained on company property could be rightfully accessed by the company, however, it cautioned employers to tread carefully when prying into employee information.

Regarding the disciplinary process, the court found that due process was not followed; Musa was denied adequate time to prepare his defense and the disciplinary panel was deemed biased. Musa was awarded compensation for his termination.

Take - away

It is crucial for employers and employees to establish a middle-point between protecting the business' interests while protecting and enforcing employee's rights to dignity and fairness.

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