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Sexual harassment victims can sue employer, court says
The court noted that the employer’s arguments required it to interrogate whether the alleged acts occurred, whether the company could be held liable for the actions of its staff, and whether internal reporting mechanisms were triggered.
Victims of sexual harassment in the workplace can sue their employer instead of the offending worker, the Employment and Labour Relations Court in Nairobi has ruled.
The court delivered the decision as it dismissed a preliminary objection raised by Ten Senses Africa Limited in a case filed by its former employee, Ms ML.
