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7 Capital Club employees threaten to sue management for sending 55 employees on unpaid leave

Thursday, April 30th, 2020 00:00 |
High Court
PHOTO/COURTESY

Seven employees of Capital Club East Africa have threatened to sue
the management of the club for sending 55 employees on unpaid
leave and retaining 18 others on five to 20 per cent pay-cut.

Moses Kamau, Nawire Wejuli, Shem Lchiri , Purity Gitonga, Wilfred
Mugira, Paul Mukonza and Wilson Momanyi claim the company on March 31
sent 55 staff on unpaid leave effective of April 1 on terms that they
would henceforth be paid a maximum of 24,000 for the month of April
and further payments would be offset against leave days.

Through their lawyer Dennis Muriithi , the seven employees accuse the
management of discrimination on the rationale used to pick them for
unpaid leave.

In the letter to the directors of the company, they accuse the
management of retaining 18 senior and Junior staff who are on 5 to 20
per cent pay cut.

“Of these retained staff one housekeeper continues to draw her full
salary whilst the other seventeen have only taken 5 to 20 per cent
pay cut on their normal salaries,” read the letter.

“The rationale used to pick our clients is questionable ,unfair ,
irrational and lacks goodwill and compassion considering most of
them have diligently served the company for over five years,” stated
their lawyer in the letter.

The employees claim they have been treated in a discriminatory manner
as two senior employees of Asian extraction have been spared the axe
and continue to draw at least 80 per cent of their respective
salaries yet they have served the company for less than a year.

They further claim that one of the employees Nawire Wejui was singled
out for redundancy because at the material time she was on maternity
leave.

Another employee, Susan Njoki was singled out purely on account of
her historical epileptic medical condition.

They want the management to recall the letters issued to them with a
view of adhering to the laid down redundancy procedures which include
remunerating the affected employees with their leave days earned and
salary for the month Of April.

The letter state that under the employee handbook provision, no
employee can be sent on unpaid leave without being consulted and
consenting to the unpaid leave.

“Our clients believe that the covid-19 pandemic now being touted
is the guise being used to get rid of employees who the current
management does not like for personal reasons or possible
shortsightedness.

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