Hostile Environment Constitutes Unfair Termination, Court Rules

The Employment and Labour Relations Court in Mombasa has ordered the Mombasa Parents Club, the owner of Nyali Primary School, to pay its former deputy principal, Tony Ongugo, Sh1.6 million in compensation for unfair dismissal. The judgment, delivered on Thursday, October 30, 2025, established that the school created a hostile and insecure work environment for Mr. Ongugo, which ultimately forced him to leave his position and constituted a breach of his employment contract. This case underscores the legal responsibility of employers in Kenya to provide a safe and conducive workplace.

Background of the Dispute

Mr. Ongugo was employed as the deputy principal of Nyali Primary School and Kindergarten on June 16, 2023. He informed the court that beginning June 18, 2024, his work environment became hostile and dangerous due to a dispute between the outgoing and incoming management committees of the school. He testified that the conflict led to acts of vandalism and threats against his life, which he reported to the police. Despite these reports, the school management took no action to secure his safety. The court noted that evidence confirmed significant tension and disagreement between the school's board and parents at the time, which disrupted school operations and directly contributed to the threats against Mr. Ongugo.

The Court's Legal Analysis

In its ruling, the court found that the Mombasa Parents Club had breached its duty of care towards its employee. “By placing the claimant in an insecure working environment, the respondent breached the employment contract and he was justified in seeking new employment,” the court stated in its October 30 decision. The school had filed a counterclaim, arguing that Mr. Ongugo had absconded from his duties without justification from March 29 of the previous year. However, the court dismissed this, noting that the school failed to issue any formal notice to Mr. Ongugo regarding his alleged desertion. The judgment emphasized that employees are entitled to due process, even amidst management challenges. “The court finds there was wrongful and unfair termination of the claimant’s employment by the respondent,” the judgment concluded. The court found that the hostile environment created by the employer's failure to address the internal conflicts and subsequent threats made it untenable for Mr. Ongugo to continue his employment, thus justifying his departure.

Compensation and Broader Implications for Kenya

The Sh1.6 million award covers compensation, notice pay, leave allowance, and gratuity pay. This ruling serves as a critical reminder to all employers in Kenya, particularly within the education sector, of their legal and ethical obligations to protect employees from harassment, intimidation, and unsafe conditions. It reinforces the principle that a constructive dismissal—where an employee is forced to resign due to the employer's conduct—is legally recognized as unfair termination under Kenyan labour laws. The decision sets a precedent that could empower more teachers and other employees to challenge employers who fail to address hostile work environments. For schools and their management boards across Kenya, this case highlights the urgent need for robust conflict resolution mechanisms and clear protocols for ensuring staff safety, especially during periods of administrative transition or internal disputes. It signals that the courts will hold employers accountable not just for direct actions, but also for their inaction in protecting their staff.