By Andrew Kariuki
The Employment and Labour Relations Court has ruled that removing an employee from official workplace WhatsApp groups and communication platforms can amount to unlawful termination and a violation of fair labour practices.
In the decision, the court found that exclusion from digital communication channels used for work effectively denies an employee access to essential information required to perform their duties, thereby undermining their role within an organisation.
The case involved an employee who challenged her employer’s actions after she was removed from official WhatsApp groups and email communication channels, which she argued left her isolated from workplace operations and decision-making processes.
The court held that in modern workplaces, digital platforms such as WhatsApp are not merely social tools but serve as official channels for communication, instructions, and coordination of work.
As such, excluding an employee from these platforms can have serious professional consequences.
According to the court, the removal of the employee from these communication channels amounted to constructive dismissal, where an employer creates conditions that make it impossible for an employee to continue working.
The judge further found that the employer’s actions were discriminatory and violated the employee’s right to fair labour practices as guaranteed under the Constitution.
The court emphasised that employers are required to follow due process when addressing workplace issues and cannot sideline employees by informally excluding them from communication systems.
In awarding damages, the court granted the employee Ksh4.4 million as compensation for unfair termination and violation of her rights.
The ruling sets a significant precedent, highlighting that digital exclusion in the workplace can be treated as a serious labour violation and that employers must ensure employees remain integrated into official communication structures unless proper disciplinary procedures are followed.
