Background of the case:
On the use of employees’ images, in the case of Abinayo v House & Farm Company Limited [2024] KEELRC 2832 (KLR), the Petitioner alleged that the Respondent used her photographs and videos to promote its business on social media without her consent.
After she raised a grievance, the Respondent belatedly issued a consent form for her to sign, authorizing the use of her images.
The Petitioner declined to sign the form and continued to object to the commercial use of her images without any benefit to her. Despite her objections, the Respondent persisted in using the images, claiming that her consent was implied by the employment relationship.
A few months later, the Petitioner was terminated without a valid reason.
Court's Analysis/Findings:
The court found that the termination was unfair, as the Respondent attempted to retroactively obtain consent and dismissed the Petitioner after she refused to grant it and raised concerns.
Court's Holding:
The court held that the Respondent violated the Petitioner’s right to privacy and fair labour practices by failing to obtain informed and explicit consent for the commercial use of her images.
As a result, the Respondent was ordered to pay the Petitioner Kshs. 2,000,000/= in damages.
Courtesy of: KEL
No comments:
Post a Comment