BY SAM ALFAN.
Housing Finance Company (HFC) director wants the organization stopped from ejecting him from office.
Mr Kelvin Isika Mule also wants the company directed to restore his payroll and pay his salary and emoluments for the month of June and July 2016.
Mr Mule was the credit management director.
In court documents filed before Milimani Commercial court, he says that he has suffered unjust and unfair dismissal from employment by virtue of which he stands to suffer abrupt loss of income for a lengthy period for which he seeks compensatory damages.
FOLLOWING IS A BREAKDOWN OF HIS SALARY DEMAND:
- Salary and Allowance – Kshs 1, 163, 696, 00*36- Kshs 41, 893, 056, 00.
- Bonuses – Kshs 724, 981, 00*3 – Kshs 2, 174, 943, 00.
Mr Mule also claims he was dismissed for doing nothing wrong neither did he violate his terms of employment.
HFC Group denies forcing or threatening the claimant to resign from his position as Director credit risk.
They argue the application for injunction by Mr Mule is abuse of court process as it has been made haste with clear intention to stifle the pending appeal proceedings before the company’s internal disciplinary body.
They say Mr Mule a right has not been violated as alleged in his court documents.
“The alleged misconduct and the consequent disciplinary process against the claimant and therefore all other issues touching on company performance are not true and are in any event extraneous to the issue at hand” State HFC Group.
In supplementary affidavit by the group Managing director Frank Ireri , says Mr Mule failed to achieve his work objectives and persistently engaged his colleagues within his division, department heads, and senior staff in hostile verbal and written exchanges and unfounded allegations against fellow staffs.
Mr Ireri says the application is unmerited and it ought not to be entertained and the claimant has not yet suffered any perceived or real violation of his legal rights.
“It is clear that, what’s in issue is alleged misconduct and the consequent disciplinary process against the performance review as exhaustively pointed out by the claimant” said Ireri in affidavit.
He revealed the letter of dismissal dated 21 June 2016 was sent to the claimant by email, courier to his residence and by registered post and the claimant is fully aware of his dismissal and the reason which resulted him sending the appeal to the board of directors of the company.
He accused Mr Mule for misleading the court that he did not have material available to respond to lengthy response to issue after his termination.
Hearing to proceed for further directions..
