Kenyan woman sues US-based multinational firm for unfair dismissal
A former Country Manager with Change.Org, a US-based online petition platform has sued the multinational company for unfair dismissal.
Priscilla Muthoni Maingi is seeking millions in damages from the company claiming that she was sacked so that her job could be given to a man.
She claims that shortly after she was declared redundant and thereafter ejected from the company, her
position was swiftly filled by one Lenny Ruvaga.
“Taking note that I was not accorded any reasons for my termination, my successor performed the same role as I had while an employee of the Respondents, it is, therefore, clear that my ejection from the company was intentionally orchestrated to replace me by a gentleman on account of my gender,” she claims in court documents.
She has also sued LTSDL KYA Solutions Ltd, an outsourcing company registered in Kenya, DEEL Ke, an agent of DEEL INC, a multinational based in California.
It is her case that LTSDL KYA Solutions Limited, an outsourcing company orchestrated her removal from Change. Org.
Employment and Labour Relations Court Judge Byram Ongaya allowed her to serve Change.Org and its agents by mail after she claimed her lawyers cannot effect service to the multinational companies as they do not have a physical office in Kenya.
Maingi in court documents indicates that was employed by the outsourcing company which hires outsourced workers and avails them to a client enterprise, in 2021.
“I received an email on 29 October 2021 from the Change.Org informing me of an offer of appointment as the Country Director in Kenya. Change.Org divulged information that it uses an Employer of Record (EOR) to hire its teams in many countries it operates in,” she said in court documents.
She explained that Change.Org would inform Deel.Inc of Maingi’s response to the offer if she agreed to it and that a contract of employment would be provided by Deel, for her to sign.
A contract was subsequently entered and she was to commence work as LTSDL’s Country Director on January 3 2022.
“My roles and day-to-day engagements included starting campaigns, mobilizing supporters, and working with decision makers to drive solutions through the Change.Org online platform,” she said in court documents.
A year later, she said she received a call from Change.Org concerning a transition they were experiencing and was told her role would be affected and as a result, would be terminated on account of redundancy.
According to her, the redundancy did not follow due process thereby making it unfair and illegal.
“Shortly after I was declared redundant and thereafter ejected from the outsourcing company, my position was swiftly filled by a man,” she says in court documents.
It is her case that her successor performed the same role as she had arguing that her termination was based on discriminatory grounds.
She wants the court to declare that the four companies violated her rights under the Labour Relations Act.
She is also seeking damages for unlawful termination being twelve months’ salary amounting to Kshs 11,730,996.
Additionally, she wants the companies ordered to jointly pay her insurance cover of Kshs 5.5 million and a Personal Loan Insurance of Kshs 1.4 million.
Justice Ongaya directed Maingi to fix a date at the registry within 21 days to confirm service and further directions.