How barista's secret recording cost foul-mouthed manager Sh1.15m

A loose-tongued manager has cost his employer Sh1.15 million for spewing unpalatable words to a female employee.

Employment and Labour Relations Court Judge Hellen Wasilwa ordered Grand Café Indian Cuisine to pay Faith Viloko the amount after finding that she was treated in an inhumane and undignified manner while at work.

Justice Hellen Wasilwa observed that there was audio evidence on the conversation between Valoko and Ghag Sanjay Baban, where he called her a prostitute and issuing threats against her.

The Judge said that the insults were demeaning and laced with sexual harassment undertones.

“It is apparent that the insults and threats demeaned the petitioner. It is also true that the words used against the petitioner were laced with connotation of sexual harassment which fits in the definition of sexual harassment, whereby the second respondent used language of a sexual nature and threatened some physical conduct towards her as held in Vishaka & Others vs the State of Rajasthan & Others (supra),” said Justice Wasilwa.

In the case, Valoko told the court that she was employed Grand Cafè as a waiter in 2022. She testified that while working, she trained as a barista, after which she was promoted.

Valoko said that she also occasionally worked as a cashier and was being paid Sh15,000 a month.

The court heard that on February 5 this year, a misunderstanding arose between her and Sanjay. Viloko testified that Sanjay erroneously believed that she was gossiping about him with other employees.

She stated that she was summoned to the manager’s office, where Sanjay grabbed her by the collar and attempted to slap her. She further stated that she dodged.

According to her, Sanjay went ahead and swore in Hindi, which he did not understand, after which she left his office.

Shortly after, Viloko told the court, he again summoned her back but this time she discreetly placed a phone on the front pocket of her apron and set it to record.

Justice Wasilwa heard that once inside, Sanjay repeatedly threatened her that the next time she opened her mouth, he would put his ‘dick’ in it.

Viloko also told the court that he also called her a prostitute alongside a series of insults in Hindi, English and Kiswahili.

She argued that Sanjay’s behaviour included physical intimidation, threats, and verbal abuse. According to her, this amounted to gross sexual harassment.

She asserted that the threat of ‘putting dick’ in her mouth constituted crude, degrading, and sexually explicit language which intended to humiliate and exert power over her.

Valoko also told the court that she then reported the incident to Grand Café’s director Abdirahman Yussuf in the hope that he would take action. She said that she also showed him the video.

The barista further said that Yussuf instead directed that she deletes the video, which she did. The court heard that he then went ahead to search through her mobile to ensure that she had complied.

Nevertheless, Valoko told the court that before deleting, she had already shared the same video. She accused Yussuf of violating her right to privacy and cover-up.

Valoko also testified that she reported the issue to the police, after which allegedly she was offered Sh93,000, but upon refusal, the café’s management then increased the same to Sh200,000.

According to her, they then allegedly told her that they had enough to bribe the police and the judge if the issue were escalated.

In their response, the café and Sanjay denied the claims. They claimed that Valoko had absconded work, and eventually abandoned her work.

They alleged that her behaviour was nothing short of someone with issues who needed to be evaluated by a psychologist.

According to them, she allegedly created a story for the court to feel remorse. They also claimed that she was using the court to get money from Grand Café.

They also argued that her claims against Sanjay did not have an independent corroboration. At the same time, they claimed that there was no conduct amounting to sexual harassment and that she allegedly declined to settle the issue through mediation.

At the same time, the café and Sanjay told the court that she was never fired, and her recording the video and sharing it on social media was driven by an ulterior motive.