Ex-country Manager Sues Employers, Demands Sh20M Compensation

An online platform’s former country manager filed a lawsuit against her former employers, demanding almost Sh20 million in compensation for alleged illegal termination.

Priscilla Muthoni Mwangi claims in documents submitted to the Employment and Labour Relations Court in Nairobi that her redundancy layoff was unlawful because due procedure was not followed.

She claims that because a man was deliberately selected to take her place, her dismissal was likewise discriminatory.

Mwangi worked for a company that “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.”

She asserts that on October 29, 2021, Change.Org sent her an email advising her of an offer to serve as the Country Director in Kenya.

She claims that Change.Org told her that in many of the countries where it does business, it hires its personnel through an Employer of Record (EOR).

The email purportedly went on to say that Deel.Inc., a firm with a US domicile, was its Employer of Record (EOR) in Africa.

If Mwangi accepted the offer, Change.Org would let Deel.Inc knows about it, and Deel would send Mwangi a contract of employment to sign.

Following the signing of a contract, Mwangi was scheduled to start working as the country director for LTSDL on January 3 of 2022.

Starting campaigns, rallying supporters, and collaborating with decision-makers were among her daily responsibilities as she worked to advance solutions via the Change.Org website.

Mwangi claims she got a call from Change.Org about a change they were going through a year later.

She was informed by the platform representatives that she will be let go due to “transitions” taking place at Change.Org.

Mwangi was informed that her position would be impacted by changes at the workplace and that, as a result, it will be terminated due to 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 contends in her court filing that her successor fulfilled the same duties as she did while working for the Respondents and that her termination was motivated by discrimination.

She wants the court to rule that she was the victim of a Labour Relations Act violation by the four corporations.

In addition, damages for the wrongful termination are demanded, totaling Sh11,730,996 or twelve (12) months of salary. Mwangi also requests an additional judgment for the respondents to jointly pay her Kshs 5.5 million insurance policy as well as Kshs 1.4 million in personal loan insurance.

The case was brought before Justice Byrum Ongaya, who gave Mwangi permission to serve the corporations with her court documents electronically or by mailing them to their addresses because some of them had their domiciles abroad.

She will work for Change.ORG, Deel Ke, Deel Inc., and LTDSL KYA Solutions Limited.

The Judge instructed her to set a date at the registrar for confirmation of service and further instructions within 21 days of Friday.