Shipping firm denies firing former legal officer for attending friend's burial

A shipping firm has denied firing its former legal officer for attending a friend's burial.

The Kenyan-based firm claims that Joseph Mwai was summarily dismissed for absenteeism adding that he went on leave without his superior's approval.

In its application, CMA CGM ( K ) Limited also seeks to have the name of CMA CGM which is based in France struck out.

"I am aware that by a contract of employment dated May 29, 2019, the claimant was employed by the second respondent CMA CGM (K) as a legal cluster counsel before he was summarily dismissed for absenting himself from work," says Gundo.

The firm's East Africa Cluster Legal Counsel, Jane Gundo, says there's no employment link between former Joseph Mwai and CMA CGM France.

Gundo who is also the Human Resource Manager of the CMA CGM Kenya also states that there's no employment relationship between their former legal officer and Jean Longin, Max Kitsanga, and Beth Mugo.

"There is no employment relationship between the Claimant and the 1st, 3rd, 4th or 5th respondents in the present cause of action. It is therefore just that the names of the 1st CMA CGM (France), 3rd (Longin), 4th (Kitsanga), and 5th (Mugo) respondents be struck out from these proceedings," argues Gundo.

According to her, CMA CGM Kenya is distinct from CMA CGM France and does shipping and logistics business within Kenya.

Meanwhile, she states, Longin, Kistanga, and Mugo are employed by the Kenyan company as Managing Director, Chief Finance Officer, and Human Resource manager respectively.

However, according to her, Mugo has already left the company.

"The 1st, 3rd, 4th and 5th respondents were not parties to this contract of employment and as such have no liability as alleged by the claimant in so far as they were not his employers," she states.

Gundo in her application has attached Mwai's contract and letter terminating his employment.

In the termination letter, the employer claimed he went on leave on July 20, 2021, without formal approval from his immediate manager.

Mwai had sued the three as agents of and employees of the Kenyan company.

She says that CMA, CGM (K) is ready to defend its position in the case.

In his case, Mwai claims that he was fired for allegedly arranging and attending a burial.

Mwai claims he had lost a close family friend who was murdered by her husband in 2021. He states that on August 5, 2021, he wrote to Kitsanga asking for compassionate leave to tend to his friend's burial arrangements.

His plea, he claims was not responded to until five days later. "The claimant avers that the compassionate leave was not only unforeseeable but urgent more so due to the circumstances and the relationship he had with the deceased and her family," he says adding that after the burial and upon returning to work, he was shown the door.

In his case, Mwai says he was fired for alleged gross insubordination, desertion, gross misconduct, and lack of handing over.

While disputing that he breached his employer's rules, the lawyer claims that prior to the murder incident, he had formally applied for leave and his immediate boss had acknowledged the same and wrote back wishing him an enjoyable time out of work.

"The claimant avers that he not only informed his supervisor in advance but also the Human Resources manager and there are several email trails evidencing the same annexed herein; there was not even one instance the same was objected to or disapproved.

The claimant avers that for the respondents and more so the fourth respondent to state there was no handover is utterly malicious and false considering that the files that they had been working on the reports together and he is the one who even prepared the graphs," he says.

Mwai wants the court to compel his employer to pay him for unfair termination, discrimination, alleged unpaid house allowance, and pension among other dues.

He also wants the court to find that he was unfairly and unlawfully sacked. The case will be heard on October 26