A Step-by-Step Guide to Workplace Harassment Complaints

The workplace should be a space of growth, professionalism, and respect. Unfortunately, for too many Kenyans, it can become a source of stress, fear, and even trauma due to unwelcome behaviour. If you find yourself in hostile work conditions, feeling diminished or threatened, know that you are not alone, and more importantly, you have rights. Understanding how to navigate the challenging landscape of workplace harassment complaints is not just about seeking justice; it’s about reclaiming your dignity and ensuring a safe environment for yourself and others. This guide is designed to empower you with the knowledge and steps needed to address such difficult situations effectively and with confidence.

Understanding Workplace Harassment in Kenya

Before taking action, it’s vital to recognise what constitutes harassment under Kenyan law and typical workplace policies. Harassment isn’t always overt or physical; it can be subtle, psychological, or emotional. It generally involves any unwelcome conduct that creates an intimidating, hostile, or offensive work environment, interferes with your work performance, or adversely affects your employment opportunities.

Under the Employment Act, 2007, and the Sexual Offences Act, 2006, among other laws, various forms of harassment are prohibited. This includes, but is not limited to, sexual harassment (unwelcome sexual advances, requests for sexual favours, or other verbal or physical conduct of a sexual nature), bullying, discrimination based on gender, tribe, religion, disability, or other protected characteristics, and even psychological torment. If something makes you feel uncomfortable, unsafe, or targeted, it’s worth exploring if it falls under the umbrella of harassment. Your feelings are valid, and your right to a safe workplace is paramount.

The Essential Steps to Take

Step 1: Document Everything

This is perhaps the most crucial first step. While it might feel daunting or even petty at the time, keeping a detailed record is your strongest ally. Think of it as building your case brick by brick. Whenever an incident of harassment occurs, note down:

• Date and Time: Be precise.
• Location: Where did it happen?
• Specifics: What exactly was said or done? Use direct quotes if possible.
• Witnesses: Were there any colleagues or others present? Note their names.
• Your Reaction: How did it make you feel? How did you respond?
• Evidence: Save any relevant emails, text messages, photos, or documents.

This documentation should be kept in a secure place, ideally outside of your work computer or premises. This record will provide credible evidence should you need to escalate your complaint.

Step 2: Know Your Company’s Policy

Most reputable companies in Kenya have an internal policy on harassment, often found in the employee handbook or accessible through HR. Familiarise yourself with it. This policy will typically outline the company’s definition of harassment, the reporting procedure, and the steps the company will take to investigate and resolve complaints. Adhering to these internal procedures first is often a requirement and can demonstrate your good faith in resolving the issue internally.

Step 3: Speak Up (If You Feel Safe and Ready)

It’s understandable to feel fearful or hesitant, but sometimes, a direct, clear communication can resolve the issue. If you feel safe and comfortable doing so, you can directly tell the harasser that their behaviour is unwelcome and needs to stop. This can be done verbally or, for documentation purposes, in a polite but firm email (keeping a copy, of course). If you’re not comfortable confronting them, or if the harassment continues, consider speaking to a trusted supervisor (if they are not the harasser), or a colleague, who might offer support or advice. Remember to document any such conversations.

Step 4: Formal Complaint to HR

If direct communication doesn’t work, isn’t safe, or if the harassment is severe, the next step is to file a formal complaint with your Human Resources department. This should ideally be in writing. Your complaint should clearly state:

• The nature of the harassment.
• Who the harasser is.
• The dates and details of the incidents (referencing your documentation).
• What action you would like to see taken.

HR is obligated to take your complaint seriously, conduct a thorough and impartial investigation, and take appropriate action. They should also ensure you are protected from any form of victimisation or retaliation for making a complaint.

Step 5: External Avenues (If Internal Fails or Is Inappropriate)

If your company’s internal process fails, is inadequate, or if you feel unsafe making an internal complaint, you have further avenues for recourse. In Kenya, these include:

• Labour Officer: You can report the matter to the Labour Officer at the Ministry of Labour. They can intervene to resolve disputes between employees and employers.
• National Gender and Equality Commission (NGEC): For complaints related to discrimination and gender-based violence, including sexual harassment.
• Employment and Labour Relations Court: If other avenues fail, or for serious cases, you can pursue legal action in this specialised court.
• Police: If the harassment involves criminal acts such as assault, threats, or sexual offences, you should report it to the police.

Remember, your well-being at work is paramount. Don’t let fear silence you or allow a hostile environment to undermine your professional life and mental health. Taking action, though challenging, is a powerful step towards ensuring your rights are upheld and fostering a respectful work culture for everyone. Take that crucial first step towards a safer environment. Submit a documented complaint to HR and pursue legal advice to understand all your options and navigate this journey with confidence.