Workplace Privacy Breach: Court Upholds Employee’s Dismissal for Unauthorized Recordings

Waboga David
Aug 4
1 min read

This case of Darwin Kanai Gakenia v Lion Landscapes, involved a claimant who believed his right to privacy had been violated at the workplace. In the claim, the claimant alleged that confidential information he had shared with his supervisor was improperly disclosed to the supervisor’s wife—who also served as the Human Resources Manager—and subsequently to other employees. He contended that this disclosure created a hostile work environment and infringed upon his right to privacy.

However, the respondent argued that the claimant had himself violated workplace privacy by secretly recording his colleagues without their consent. This act was deemed a breach of confidentiality and a violation of the right to privacy under Article 31 of the Constitution and the Data Protection Act. It was one of the grounds upon which his employment was terminated.

The court upheld the respondent’s decision, finding that the claimant had indeed infringed upon the privacy rights of other employees. His conduct constituted a valid reason for dismissal. Furthermore, the court held that the claimant failed to demonstrate that the information he shared with his supervisor was privileged or protected from disclosure by the employer. As such, the court declined to declare that the claimant’s right to privacy had been violated.

Read the case below