A dispute between Browns Plantation, a giant Sri Lankan-owned tea firm in Kenya, and its former security manager, Vincent Murangiri, has shed light on the assault of three employees suspected of siphoning fuel from a company vehicle about two years ago. The Employment and Labour Relations Court recently rejected Murangiri's claims that he was constructively dismissed from his job. The court upheld the company's position that Murangiri, who resigned during disciplinary proceedings over alleged assault of theft suspects, was not constructively dismissed.
According to court documents, Murangiri joined Browns Plantation in May 2024 as security operations manager, overseeing security operations in the company's Kericho, Bomet, and Limuru estates. The dispute began after allegations concerning the treatment of suspects arrested on July 5, 2024, following a report of theft. Murangiri faced allegations of inhuman treatment of employees who were allegedly found stealing from the company.
Murangiri claimed that he was summoned to Browns' ITC offices on July 18, 2024, and compelled to record a statement. He stated that his line manager suspended him the following day without giving reasons and repeatedly urged him to resign. He was later served with a show-cause letter dated July 23, alleging that he had assaulted suspects. Murangiri also claimed that his line manager sent him a WhatsApp advertisement for his job on July 24, which he regarded as evidence that the company wanted him out.
Browns Plantation denied the allegations, stating that Murangiri voluntarily quit while disciplinary proceedings were pending. The company maintained that the disciplinary process was lawful, investigations were still ongoing, and Murangiri had been allowed to respond to the allegations before he abruptly resigned on July 29, 2024. The company also stated that there was no coercion, intimidation, or foul play in the exit of its former security chief.
The court found that the evidence did not establish coercion, stating that Murangiri did not allow the company to convene a disciplinary hearing as he was quick to resign. The court relied on the resignation letter, which did not mention pressure or mistreatment. Instead, Murangiri wrote a straightforward resignation letter, effective July 29, 2024. The court applied the test for constructive dismissal established in employment law.
Murangiri had sought Sh4.3 million in compensation, equivalent to 12 months' salary, plus two months' notice pay, leave, transition bonus, and a certificate of service. However, the court awarded him Sh254,395, comprising Sh90,000 for leave not taken and Sh164,359 as a transition bonus. Browns Plantation was also ordered to issue him with a certificate of service within 30 days.
Browns Plantation became the owner of the former Lipton Kenya Tea operation in 2024, following the Competition Authority's approval of B Commodities ME FZE's acquisition of 98.56 percent of Lipton Teas and Infusions Kenya PLC. The Kenyan portfolio covered about 14,100 hectares and included 11 plantations, while the wider transaction also covered tea operations in Rwanda and Tanzania.
Key points
- The court ruled that Murangiri, the former security manager of Browns Plantation, was not constructively dismissed from his job despite allegations of assaulting employees suspected of theft.
- Murangiri had sought Sh4.3 million in compensation but was awarded Sh254,395 by the court.
- Browns Plantation became the owner of the former Lipton Kenya Tea operation in 2024, following the Competition Authority's approval of B Commodities ME FZE's acquisition.
