BY SAM ALFAN.
Music Copyright Society of Kenya has bee ordered to pay its former administration manager over Sh23 million for unlawful dismissal.
Employment and Labour Relations Court judge Justice Onesmus Makau ordered MCSK to compensate Wambati Simuyu Merit Sh23.6 million for unfairly terminating his contract and withholding his salary since 2018.
“I have found that the petitioner’s contract of service was unfairly terminated by the respondent before the due time. I have further found that the petitioner is entitled to some of the reliefs sought,” the Judge ordered.
Simiyu had sought a declaration that his contract of service was unlawfully and illegally terminated.
He urged the court to assess general damages for unlawful and unfair termination violation of his constitutional rights, psychological anguish as well as extensive reputational injury.
The former manager had sought payment of Sh50 million.
He was employed by the MCSK as an Administration Manager on September 26, 2008 until January 12, 2017 when hewas appointed the Chief Executive Officer for a four-year contract.
Simiyu received a letter on May 14, 2018, sending him on compulsory leave for 60 days.
This was to pave way for investigations into accusations that had been levelled against him.
Before he could report back to work, he was issued a letter on July 2, 2018 which extended his suspension to August 27, 2018 because the investigations were not yet complete.
Simiyu was later summoned by the employer and questioned without any explanation as to why he had been summoned nor was he informed about the finding of the investigations.
He received another letter on September 19, 2018, purporting to correct the letter extending his suspension.
And up to the time of filing the case, Simiyu said he has never received any communication with respect to the findings of the investigations or calling him to any disciplinary proceedings nor directed to report to office, or served with a termination letter.
He accused the employer of withholding his salaries from January 2018 to date and failing to remit statutory deductions owed to the Kenya Revenue Authority (KRA), National Hospital Insurance Fund (NHIF) and National Social Security Fund (NSSF).
He told the court that he has tax arrears of Sh1.1 million and he cannot be issued with a tax compliance certificate for the years 2017 to 2020.
MCSK confirmed that the Simiyu was sent on 60 days compulsory leave the for failing to submit the annual audited financial statements to the Kenya Copyright Board.
The failure, the court heard led to the cancellation of the society’s licence to operate a Collective Management Organisation (CMO).
He was also accused of failing to relay crucial information to the Directors, undermining the Directors; issuance of dishonored cheques and negligently delaying to make payment to third party companies that were legitimately engaged by the MCSK.
MCSK contended that the audit commissioned in 2020 revealed that the Petitioner paid legal feesto himself though he was not an advocate and withdrew large sums of money without approval or supporting documents.
It contended that pursuant to Clause 4 (IX) of the contract of employment, the Petitioner was to ensure that the Respondentcomplied with all applicable regulations and as such he cannot rush to the court seeking to punish the Respondent for acts or omissions that were attributable to him.
It further contended that the investigations were never carried to completion after petitioner gave a proposal for amicablesettlement by being paid his dues as result of which the disciplinary proceedings against him were abandoned.
Accordingly, it computed and offered to resolve the dispute by paying the Petitioner a sum of Sh4,553,253.90 by way of 24 equal monthly installments of Sh. 89,718.90 but the petitioner declined the offer.
