The Nairobi Golf Hotels (Kenya) Limited, which owns the Windsor Golf Hotel and Country Club, has been sued by 45 of its former employees over Ksh22 million dues.
Through their Lawyers, T. J Michael & Company Advocates, the employees say that the company has refused to pay their terminal dues after the termination of their employment in the wake of the Covid-19 pandemic.
"The claimants were jointly serving the respondent until when it became apparent that the respondent was no longer in need of their services and the claimants were terminated. The termination was largely predicated on alleged redundancy while some either had their contracts of employment terminated on account of retirement, expiry of contracts, or constructive dismissal from the employment arising out of non-payment of dues running several months," T.J Michael says in suit papers.
Windsor is accused of failing to adhere to the provisions of the Employment Act in the redundancy exercise, which amounted to unfair termination and more importantly for failing to take into account the factors enumerated therein.
Further, Windsor is accused of failing to adhere to the provisions of sections 40, 41 and 45 of the Employment Act by constructively dismissing the employees, the non-payment of terminal dues payable, the non-payment of employment benefits payable, the non-payment of emoluments; and the non-payment of the pension dues for certain claimants as more particularly set out in the 45 witness statement of the respective claimants filed in Court.
The employees now claim interest on the terminal due from the date of termination of each employment, as well as compensation for unfair termination in accordance with the Employment Act.
"Despite demand having been made and notice of intention to sue having been given, the respondent has refused and/or neglected to accept liability and/or make good the claimant's claim specifically on terminal dues, which the respondent continues to unlawfully withhold," the suit papers add.
Most of the employees served the hotel for over fifteen years until they were sacked in mid-2020. Despite their terminal dues being calculated by the former employer, the hotel continues to hold the dues two years down the line and most of the former employees now live in abject poverty, according to the suit papers, with others forced to relocate up country since as they are unable to sustain their livelihood in the city.
Windsor response
The matter came up for pre-trial directions on June 30, 2022, but counsel for the hotel indicated that they had not filed their documents since the parties were negotiating, a fact that Ms Wangusi from the firm of T.J Michael advocates faulted as untruthful.
The matter is now set for mention on July 28, 2022, to confirm compliance by the hotel or settlement if any.
