In a recent ruling by the Employment and Labour Relations Court in Nairobi on May 30, 2023, former Classic 105 Drive Show presenter Terry Muikamba, has lost a lawsuit against her former employer, Radio Africa Group.
Victory for Radio Africa as court dismisses Terry Muikamba's Sh5.6M lawsuit
Former Classic 105 presenter Terry Muikamba loses a Sh5.6M lawsuit against Radio Africa
The suit sought compensation of Sh5,662,738.68 for what she claimed was 'constructive dismissal' in 2020.
However, the court granted her only Sh6,000 for her voice over services, dismissing her other claims.
Muikamba sues former Radio Africa over wrongful dismissal
Terry Muikamba had filed the lawsuit in 2021, alleging that she was forced to resign from Radio Africa Group due to a toxic working environment that amounted to constructive dismissal.
Constructive dismissal occurs when an employer creates an environment that leaves an employee with no choice but to resign.
Muikamba cited severe, harsh, abusive treatment, and harassment from the company's director of programs, Mr. Peter Sinclair, as the reasons for her resignation.
Courts decision on the case
Justice Nzioka wa Makau, however, dismissed Muikamba's claims, stating that she left employment voluntarily for better opportunities, despite the company offering her an enhanced package.
The judge ruled that Muikamba had not established the necessary elements to recover damages from Radio Africa Group.
The court found that Muikamba had left the company on her own accord and that her claims of constructive dismissal through bullying and harassment were unfounded.
Radio Africa defends itself against the allegations
Radio Africa Group defended itself against Muikamba's allegations, stating that she had not reported any harassment or raised any issues concerning her work environment until her resignation.
The company claimed that Muikamba had undergone various appraisals between 2018 and 2020, during which she had the opportunity to comment on her work environment.
The company also pointed out that Muikamba renewed her contract in 2019 without raising any concerns.
Radio Africa Group highlighted that a meeting was held with the Drive Show team, including the CEO, Patrick Quarcoo, in September 2020, to address the claims raised by Muikamba in her resignation letter.
During the meeting, it was discovered that other team members had also raised issues against Mr. Sinclair, suggesting that steps were taken to address the concerns.
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