Court Orders SDA Church to Compensate Employee Fired Over Alleged Office Romance

The Employment and Labour Relations Court in Kenya has ruled that the Seventh Day Adventist Church, Central Rift Valley Conference, must compensate former employee Jescah Gesare over KSh 800,000 for unfair dismissal. 

The landmark judgement, delivered by Justice Ann Mwaure, emphasises the judiciary's commitment to upholding due process and procedural fairness in employment disputes, irrespective of the employer's religious affiliation. The court found that the church failed to establish a valid reason for Gesare's termination and did not adhere to fair procedures during the disciplinary process. The church did not respond to the case or present any defence in court. 

Justice Mwaure noted the employer failed to satisfy the twin tests of justification and fairness. The case centres on allegations that Gesare, who served as an internal auditor, engaged in an inappropriate relationship with a colleague. The church initiated disciplinary measures based on suspicions of a romantic relationship with someone other than her husband, claims Gesare vehemently denies. 

These allegations led to a series of actions culminating in her dismissal.

Gesare was initially contracted in 2014 before securing a permanent, pensionable position in late 2016. She maintained that her work was exemplary and that she had fostered cordial relationships with colleagues. The issue arose after a show-cause letter, dated 28 May 2023, accused her of misconduct. Gesare responded the following day, refuting the allegations and asserting her innocence.

In June 2023, the church suspended her for three months, citing ongoing investigations. She appeared before an investigative commission in July. Two months later, the church communicated its belief in the veracity of the allegations, saying that she had not sufficiently refuted the claims, particularly regarding the colleague's visits to her home.

Gesare said that she remained committed to her job and hoped to stay with the church until retirement. She accused the church of attempting to coerce her resignation by using her benefits as leverage, telling the court, "They dangled my benefits to force me to resign."

She also criticised the church's internal dispute resolution mechanisms, claiming internal divisions compromised them, leaving her without recourse. Her legal team accused the institution of acting with malice and procedural dishonesty, citing a lack of performance-related complaints and the exclusion of the male colleague from disciplinary action as evidence of bias. Gesare initially sought nearly KSh 10 million in compensation.