A former employee of Amref Flying Doctors has sued seeking compensation for use of his image for advertisement without his consent.
Gedion Nyaga says his former employer used his image on its Facebook and Twitter page without his permission and without giving him any compensation for the same.
He was employed on February 18, 2019 by Amref flying doctors as sales executive corporate for a fixed term of two years.
His employment term was expected to lapse on February 17, 2021 and he was entitled to a monthly salary of $1,100, transport allowance of $115 and airtime allowance of $215 per month.
On March 22, 2019 the employer invited all employees to a photo shoot allegedly for communication purposes.
Nyaga attended the photo shoot.
However he learnt that between May and June same year his image was used for external advertisement without his consent.
The image was posted on Amref’s facebook page which had over 400,000 followers.
It was also posted on the company's Twitter account which has more than 27,000 followers.
In his suit papers, Nyaga said he did not enter into a contract with his employer to use his image and was not also informed that his image was going to be used for advertisement.
"Given the context of the publication, the photos complained off were rightly understood by the general public to mean that Nyaga was endorsing Amref as its commercial ambassador," the court was told.
He said despite the company using his image he was never compensated for the same.
“Article 40 of the Constitution provides for the protection of the right to property by the petitioner (Nyaga). The petitioner’s image and liking was illegally appropriated by the respondent (Amref) for commercial purposes without any just compensation for the same,” court was told.
Amref, he said, was in breach of his right to human dignity.
He also said that despite his demands the employer failed to compensate him and forced him file a case seeking reprieve.
According to documents filed in court Nyaga was put on a performance improvement plan by his manager in February 2020.
He was expected to improve his sales.
Despite the effects of Covid-19 pandemic, Nyaga said, he did his best to achieve his set targets.
He was later given a show cause letter on June 2, 2020.
He was invited to a disciplinary hearing on June 12 but even before that he got information that his employment had been terminated.
Nyaga said he suffered hardship and embarrassment as a result of the actions of his former employer.
He sent a demand letter to the company seeking to be compensated for unfair termination.
