Nairobi court orders restaurant to pay Sh1.15 million after manager calls employee prostitute

A loose-tongued manager has cost his employer Sh1.15 million for spewing unpalatable words to a female employee.

Employment and Labour Relations Court judge Hellen Wasilwa ordered Grand Café Indian Cuisine to pay Faith Viloko the amount after finding that she was treated in an inhumane and undignified manner while at work.

Justice Wasilwa observed that there was audio evidence on the conversation between Valoko and Ghag Sanjay Baban, where he called her a prostitute and issued threats against her.

The judge said that the insults were demeaning and laced with sexual harassment undertones.

“It is apparent that the insults and threats demeaned the petitioner. It is also true that the words used against the petitioner were laced with connotation of sexual harassment which fits in the definition of sexual harassment, whereby the second respondent used language of a sexual nature and threatened some physical conduct towards her as held in Vishaka & Others vs the State of Rajasthan & Others (supra),” said Wasilwa.

In the case, Valoko told the court that she was employed at Grand Cafè as a waiter in 2022. She testified that while working, she trained as a barista, after which she was promoted.

Valoko said she also occasionally worked as a cashier and was being paid Sh15,000 a month.

The court heard that, on February 5 this year, a misunderstanding arose between her and Sanjay. Viloko testified that Sanjay erroneously believed that she was gossiping about him with other employees.

She stated that she was summoned to the manager’s office, where Sanjay grabbed her by the collar and attempted to slap her. She further stated that she dodged. Shortly after, Viloko told the court, he again summoned her back but this time she discreetly placed a phone on the front pocket of her apron and set it to record.

Wasilwa heard that once inside, Sanjay repeatedly threatened her that the next time she opened her mouth, he would put his ‘dick’ in it.Viloko also told the court that he also called her a prostitute alongside a series of insults in Hindi, English and Kiswahili.

She argued that Sanjay’s behaviour included physical intimidation, threats, and verbal abuse. According to her, this amounted to gross sexual harassment.

She asserted that the threat of ‘putting dick’ in her mouth constituted crude, degrading, and sexually explicit language which intended to humiliate and exert power over her.