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Sam Shollei, the former Keroche Breweries managing director has sued the company for unfair and wrongful dismissal seeking Ksh75 million.
Through his lawyer Daniel Achach, Shollei says the brewer failed to follow the disciplinary process and terminated him for no reason.
In the application, Shollei says that on or about July 10, 2017, he entered into a contract of employment with Keroche Breweries as a managing director – effective October 1, 2017.
His contract was for a term of four years, earning a gross monthly salary of Sh2.5 million and other benefits and bonuses as reported by the Star.
Achach says Shollei’s contract provided that it could be terminated by either party giving the other three months’ notice or paying three months’ salary in lieu of notice. But this was later extended to six months.
“Through a verbal arrangement, Keroche delayed Shollei reporting to work until January 2018, citing political instability in the country that followed the general elections.
It was a common understanding and agreement however that for the delayed period of October to December 2017, he would be paid half his salary,” Achach says in the application.
Shollei says that for the period he was MD of the company, he served with zeal, often going out of his way to improve the firm’s systems and structures that fell within his mandate.
He further claims that when he went back to the office on or about November 12, 2018, having proceeded on leave on October 29, 2018, he was denied access to his office.
Shollei says he was informed by his staff that the CEO had informed them in a meeting that he had been dismissed and should not be allowed access to the office.
“All attempts by the claimant to have a meeting with either the CEO or chairman of the board proved futile as they became non-responsive,”Achach says in court documents.
Shollei’s PA was later called by the human resources department of the respondent and handed cheques amounting to Sh7 million in Shollei’s name.
The money was purportedly his terminal dues. He says he was not given any explanation of what the cheques were in regard to because, at the time, his salary for the month of October 2018 had not been paid.
He further says a significant amount of the half salary promised relating to the period October to
December 2017 remained unpaid.
Shollei pleads for constructive dismissal and claims damages for terminating him for no reason, failing to communicate the termination and locking him out of his office before
termination.
He also claims the company ignored his calls for a discussion and mutual understanding on any particulars of unfair termination.
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