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Employees routinely use employer-issued laptops, desktops and phones for both work and personal purposes. That overlap creates a recurring problem for employers and employees: when an investigation into workplace conduct turns up personal material on a work device, can the employer rely on what it finds?
13 October 26
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A recent decision of the Employment and Labour Relations Court, Gatere v Royal Tulip Canaan Nairobi & another, addresses this question directly. The Court confirmed that an employer may lawfully inspect a work computer to investigate a specific workplace incident, and that discovering personal information in the course of that inspection does not, without more, amount to a breach of the employee’s constitutional right to privacy. At the same time, the judgment is a reminder that lawfully obtained evidence of misconduct does not excuse an employer from following fair dismissal procedure.
In this legal alert, we examine the Court’s decision and its implications for employers’ access to personal information on workplace devices. It considers the circumstances in which such access may be lawful, the factors Kenyan courts take into account when balancing an employer’s legitimate business interests against an employee’s right to privacy, and the importance of complying with data protection obligations.
Click here to download and read the full alert.
Should you have any questions regarding the information in this legal alert, please do not hesitate to contact Sonal Tejpar or Luisa Cetina.
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Contributors
1. Amanda Mbindyo – Senior Consultant
2. Koome Jaden – Trainee Lawyer