Former Classic 105 presenter Terry Muikamba is not a happy woman after losing a case in which she had sued her former employer Radio Africa Group for Sh5,662,738.68 in 2020.
Terry, real name Teresia Wanjiru Muikamba, was hosting a drive show before she terminated her contract with the company and rushed to court to sue Radio Africa for “constructive dismissal.”
In her suit, the former presenter sought Sh2,160,000 for her “unexpired contract” and Sh3,502,738.68 in general damages for what she termed wrongful and unfair termination.
But in a ruling delivered by the Employment and Labour Relations Court in Nairobi on May 30, 2023, Muikamba was only awarded Sh6,000 owed to her for the voice over services.
When she rushed to the court in 2021, she alleged she had been forced to resign due to a “toxic working environment” which she said was tantamount to a “constructive dismissal.”
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In her suit, she fingered Radio Africa Director of Programs Peter Sinclair for “severe, harsh, abusive treatment and harassment” as the reasons for her decision to resign from the firm.
But in his ruling, Justice Nzioka Makau maintained that evidence presented in court showed Muikamba left the firm voluntarily after securing another job and rejected a pay hike offer.
In her suit, the radio host alleged that Sinclair made life at the station unbearable for her as she was going through a medical challenge and reporting him to the HR yielded no results.
Muikamba told the court she was forced to tender her resignation letter to Radio Africa on September 17, 2020 with her last working day confirmed to be on November 25, 2020.
In its response, Radio Africa rejected her claims of constructive dismissal and those of harassment saying she did not report any such incidences over the said two-year period.
Radio Africa HR Manager Jemimah Ngonde told the court Muikamba never raised any work -related issue when being appraised from 2018-2020, including during her renewal in 2019.
Ngonde informed the court corrective steps were taken, including a meeting attended by Radio Africa CEO Patrick Quarcoo, to address issues she had raised in her resignation letter.
"She did resign and without drawing a nexus between her resignation and the conduct of Mr Sinclair, the claim of constructive dismissal is unproved,” ruled Makau.
Radio Africa was, however, ordered to pay her Sh6,000 to cater for her voice over services and give her a Certificate of Service as stipulated by Section 51 of the Employment Act.