BY SAM ALFAN.
High Court has barred international audit firm KPMG Advisory Services from conducting disciplinary proceedings against one of its senior employees using information sourced from her personal mobile telephone.
Gloria Jepkurui will submit to the internal disciplinary mechanism but the dossier that was obtained from her telephone must be returned to her and will be expunged from her work records. She is at liberty to use the information during the proceedings.
Justice Monica Mbaru directed the firm to furnish her, in writing, with allegations of misconduct and impropriety, to facilitate her preparation of a reasonable defence. She should be accorded a conducive work environment until her case is concluded, the Judge said in her ruling.
“The use of any personal data, information and communication belonging to the claimant must be with her unequivocal consent that is well-informed and sourced. The purpose for the use of such data and information must be issued and obtained in writing to ensure there is no infringement of the right to privacy that is protected under the Bill of Rights and Article 31 of the Constitution,” Justice Mbaru pointed out.
The aggrieved employee, who has worked with the firm for the last seven years, petitioned the Employment and Labour Relations Court last December after she was asked to resign or face sacking following investigations into her alleged misconduct. She claimed she was illegally detained in the office, her personal phone unlawfully accessed and a disciplinary process conducted without following the law.
Gloria, who claimed to have risen through the ranks from an office tea girl to personal assistant to two of the firm’s tax partners, complained she was facing divorce proceedings and loss of employment. She said she was recalled from leave and informed that her character was inconsistent with expectations of a professional.
