A former director of the financially troubled sugar miller Mumias is demanding more than Sh25 million in terminal dues, claiming he was sacked unlawfully.
Wesley Kimutai Koech, who was director of Information and Communication, says in the industrial dispute filing that the termination was involuntary as he was relieved of his duties without notice.
Mr Koech says in the court papers that he was merely informed that he had been declared redundant and therefore his former employer was in breach of Section 40 (1) of the Employment Act, 2007.
His lawyer Charles Kiplagat told Industrial Court Judge Nzioki wa Makau that Mr Koech was a long-serving employee of Mumias having been employed on September 7, 2005 until July 31, 2015.
“The claimant discharged his duties loyally, diligently and professionally until July 31, 2015 when his employment was unfairly terminated on account of redundancy.”
The sugar miller breached the terms of employment by failing, neglecting and or refusing to remit income tax deductions (PAYE) for the period between January 1 to December 31 2014 and January 2 and July 31 2015 amounting to Sh5.6 million, he says.
Financial challenges
Mumias has, however, asked for dismissal of the claim and asked the court “to take judicial notice of financial challenges it has been facing over the period leading up to the declaration of redundancy of senior officers.”
Mumias says that it had notified Mr Koech as early as June 2015 of the intention to lay off staff. “Mr Koech is not entitled to the three months salary in lieu as he was not a unionisable member,” says the company in its defence.
The company also says that Mr Koech “cannot be paid the monies owing to KRA,” pointing out it will sort out the matter with KRA. Justice Makau directed the parties to file summaries within 15 days then fix a trial date.
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