- In documents filed before the Employment and Labour Relations Court in Nairobi, Priscilla Muthoni Mwangi says her termination on account of redundancy was illegal as due process was not followed.
- She argues that her sack was also discriminatory as it was intentionally planned to replace her with a man.
Image: FILE
A former Country Manager of an online platform has sued her employers seeking approximately Sh20 million in damages for alleged unlawful termination.
In documents filed before the Employment and Labour Relations Court in Nairobi, Priscilla Muthoni Mwangi says her termination on account of redundancy was illegal as due process was not followed.
She argues that her sack was also discriminatory as it was intentionally planned to replace her with a man.
Mwangi was employed by the outsourcing company which 'hires outsourced workers and avails them to a client enterprise, in agreement to a service contract with the client enterprise creating a triangular employment relationship'.
On October 29, 2021, she claims she received an email from Change.Org informing her of an offer of appointment as the Country Director in Kenya.
Change.Org allegedly told her that it uses an Employer of Record (EOR) to hire its teams in many countries it operates in.
The email allegedly further outlined that its Employer of Record (EOR) in Africa was, Deel.Inc. a company domiciled in California USA.
Change.Org would inform Deel.Inc of Mwangi’s response to the offer if she agreed to it and that a contract of employment would be provided by Deel, for her to sign.
A contract was subsequently entered and Mwangi was to commence work as LTSDL’s Country Director on January 3 2022.
Her roles and day-to-day engagements included starting campaigns, mobilizing supporters, and working with decision-makers to drive solutions through the Change.Org online platform.
A year later, Mwangi says she received a call from Change.Org concerning a transition they were experiencing.
The platforms representatives informed her that she would be retrenched on account of “transitions” happening at Change.Org
Due to the transitions at the workplace, Mwangi was told her role would be affected and as a result, would be terminated on account of redundancy.
“Shortly after I was declared redundant and thereafter ejected from the outsourcing company, my position was swiftly filled by a man,” she says.
Mwangi in her court document argues her successor performed the same role as she had while an employee of the Respondents and that her termination was based on discriminatory grounds.
She wants the court to declare that the four companies violated her rights under the Labour Relations Act.
Also sought is damages for unlawful termination being twelve (12) months' salary amounting to Sh11,730,996. On top of that, Mwangi wants the respondents ordered to jointly pay her insurance cover of Kshs 5.5 million and a Personal Loan Insurance of Sh 1.4 million.
The matter was placed before Justice Byrum Ongaya who allowed Mwangi to serve the companies with her court papers either electronically or via postal address as some are domiciled abroad.
She is to serve LTDSL KYA Solutions Limited, Deel Ke, Deel Inc and Change.ORG.
The Judge said she is to fix a date at the registry within 21 days from Friday
to confirm service and further directions.