It is illegal for an employer to force an employee to work on his or her worship day, the Employment and Labour Relations Court has ruled.
In a landmark ruling on labour rights, Justice Bernard Manani ruled that forcing an employee to choose between their job and their religion is discriminatory and in violation of their right to freedom of religion.
In light of the judgement, Justice Manani ordered a city hospital to compensate Scoline Anyango for an unjust termination with Sh2.5 million.
He believed that while Anyango’s participation in a budget meeting, which she was scheduled to attend, was vital to the hospital, her right to practise her religion was equally important and should have struck a balance between the two.
When all management were accessible, Justice Manani questioned why the hospital couldn’t organise the meeting at a later time.
He observed that in the arrangement between the hospital and Anyango, she was required to attend work one Saturday of every month.
When all management were accessible, Justice Manani questioned why the hospital couldn’t organise the meeting at a later time.
He observed that in the arrangement between the hospital and Anyango, she was required to attend work one Saturday of every month.
“There is no doubt that the respondent’s (the hospital) budget-making process was of critical importance to it. It is also clear to me that the claimant’s (Anyango) freedom of religion was of equal significance to her. The Constitution obligated the respondent to respect and protect this right. It was up to the respondent to find a way of balancing its business interests with the claimant’s freedom of religion without prejudicing the latter,” said Justice Manani.
He also discovered that the hospital’s arrangement put the employee in a difficult situation. “The material in the file gives me little reason to doubt that the claimant experienced unjustified hardship at work because of her religious views. She must observe the Sabbath every Saturday as a matter of religion. However, there is proof that the respondent tried their hardest to pressure the Claimant into compromising on this demand, the judge said.
Anyango, a Seventh-Day Adventist, served as the hospital’s manager up to her termination on April 5, 2018.
She mentioned that her issue with her job in this instance was a budget meeting that coincided with her Sabbath day. Anyango said in court that her boss was aware of her absence from work.