Terry Muikamba Awarded Ksh6,000 After Losing Ksh6M Case Against Radio Africa Group

Former Classic 105 presenter Terry Muikamba on Tuesday, May 30 lost a lawsuit whereby she was seeking Ksh5,662,738.68 from her former employer, Radio Africa Group (RAG), for “constructive dismissal” in 2020.

Also known by her real name Teresia Wanjiru Muikamba, the former drive show host sought Ksh2,160,000 as the value of an “unexpired contract” and Ksh3,502,738.68 as general damages for unlawful termination equivalent to 12 months’ pay for what she alleged was wrongful and unfair termination.

However, the Employment and Labour Relations Court (ELRC) in Nairobi only granted her Ksh6,000 for voice-over services she offered while at the Lions Place-based media house and issue her a certificate of service in accordance with section 51 of the Employment Act, dismissing her other claims.

Muikamba sued Radio Africa at the ELRC court in 2021 seeking compensation in a suit where she claimed she was forced to step down from the company owing to a toxic working environment which amounted to constructive dismissal.

Terry Muikamba with her former radio co-host, Mike Mondo, at Classic 105 FM studios. /FACEBOOK.CLASSIC 105

She cited severe, harsh, abusive treatment and harassment from the company’s director of programs Peter Sinclair which she claimed amounted to constructive dismissal as reasons for her resignation.

Toxic Work Environment

Justice Nzioka however dismissed her claims ruling that in accordance with the evidence adduced, Muikamba left Radio Africa Group for greener pastures despite the company offering her an enhanced package.

The judge ruled that the radio personality did not establish the elements necessary for her to recover damages from Radio Africa Group, having left the company voluntarily.

She alleged that Sinclair started subjecting her to the harsh conditions sometime in 2018 while she was going through some medical difficulties, noting that he consistently hurled insults and obscenities at her, creating an untenable hostile working environment and despite the harassment being reported to the management through the Human Resource Department, no steps were taken to address the matter.

Muikamba further termed Sinclair's harassment and insults as those that became more gross and personal after she filed the complaint with HR, demonstrating that he was untouchable and operated with impunity within the company.

She added that Sinclair's heinous actions brewed a toxic working environment that made it difficult for her to continue with her obligations and tendered her resignation letter on September 17, 2020, owing to lack of protection from Radio Africa, with her last day of employment being November 25, 2020.

The radio host further alleged that the conduct of both Sinclair and Radio Africa Group amounted to a fundamental breach of her rights and created an extremely hostile and untenable working environment, constraining her to issue a resignation letter.

Radio Africa Denial

Radio Africa however countered her claims of constructive dismissal through bullying and harassment, terming them as unfounded since she claimed to have been harassed for a period exceeding two years and never reported the same.

The media house told the court through HR manager Jemimah Ngonde that Muikamba was subjected to various appraisals between 2018 and 2020 where she was invited to comment on her work environment and even renewed her contract with the company in 2019, but added that she did not at any point raise any issue concerning her work environment.

The court was told that the celebrated radio presenter did not make any formal or written complaint until September 25, 2020, when she was resigning, with Ngonde adding that Muikamba told the company on November 12, 2020, that she was satisfied with the remedial steps taken to address the issues she had raised in her resignation letter.

The company’s management held a meeting with the Drive Show team on September 30, 2020, with a view of rectifying the situation after Muikamba raised the claims in her resignation letter, a meeting attended by among others, Radio Africa CEO Patrick Quarcoo.

Quarcoo had acknowledged that Sinclair's conduct was unacceptable after other members of the team raised issues against him, and committed to addressing and resolving all of Muikamba's grievances.

He then implored Muikamba to retract her resignation letter as his commitment to addressing her grievances would have prevented her reasons for resigning.

Justice Makau noted that correspondence between the parties suggested that there was a meeting and discussion between Muikamba and Quarcoo.

“Unfortunately, the claimant (Muikamba) did not follow up the said meeting with any email or correspondence to cement any discussions as may have been held. As such her allegations that there was a compulsion to accept terms that were unpalatable to her were not proved,” Justice Makau ruled.

Terry Muikamba inside a studio on December 2, 2022. /FACEBOOK.TERRY MUIKAMBA

“She did resign and without drawing a nexus between her resignation and the conduct of Sinclair, the claim of constructive dismissal is unproved.”

Constructive dismissal is when you're forced to leave your job against your will because of your employer's conduct. The reasons you leave your job must be serious, for example, they: do not pay you or suddenly demote you for no reason.

In Kenya, it is termed as a unique and useful doctrine as it allows an employee to resign and receive compensation for unfair termination, though the employer did not dismiss them.