In a landmark ruling that redefines labor rights for the digital age, the Employment and Labour Relations Court has slapped Hallmark Marketing Limited with a Sh4.4 million penalty for "digital cruelty." The firm’s crime? Constructively dismissing a pregnant employee by unceremoniously removing her from work WhatsApp groups and blocking her email while she fought for the life of her unborn child.

The petitioner, Fidelis Wambui, a customer service officer, became the face of a new form of corporate abuse. After requesting extended bed rest due to severe pregnancy complications—a request supported by medical advice—her employer responded not with empathy, but with erasure. Justice Njagi Marete’s judgment was scathing, describing the company’s actions as "egregious" and a violation of basic human dignity. The ruling establishes a critical precedent: kicking an employee off a WhatsApp group is legally equivalent to locking them out of the office.

The Anatomy of a Constructive Dismissal

The timeline of events paints a damning picture of discrimination. On April 13, 2021, Wambui informed her CEO she needed 28 days of bed rest. Two days later, she was placed on indefinite unpaid leave, with the company citing the convenient excuse of "Covid-19 restructuring." By April 19, she had been digitally ghosted—removed from all 21 work WhatsApp groups and locked out of her email. "This sequence... signifies a reaction to her pregnancy and not a pre-planned restructuring," Justice Marete noted, tearing apart the company’s defense.

The court found that Hallmark Marketing Limited failed to produce any evidence of a genuine redundancy process—no minutes, no notices, no staff communications. It was a targeted hit. The judge ruled that this "digital exclusion" amounted to a fundamental breach of contract, signaling the employer’s intention to repudiate the employment relationship. Wambui was not just fired; she was deleted.

• The Award: The Sh4.4 million compensation includes 12 months’ gross salary for unfair termination (Sh600,000) and a massive Sh3 million in constitutional damages for the violation of her rights and dignity.
• The Precedent: This ruling serves as a warning to HR departments across Kenya: digital platforms are formal workspaces. Removing an employee from them without due process is illegal.
• The Human Cost: The court recognized the trauma inflicted on Wambui, who was battling health complications and the eventual tragic loss of her child, while being treated as disposable by her employer.

A Victory for Dignity

This judgment is a thunderclap in the Kenyan corporate landscape. It exposes the casual brutality with which pregnant women are often treated in the private sector. Justice Marete’s award of Sh3 million specifically for constitutional violations underscores that this was not just a contract dispute; it was a human rights abuse. Fidelis Wambui may have lost her job and suffered a personal tragedy, but her legal victory has built a fortress of protection for every Kenyan woman who dares to combine motherhood with a career.