The Employment and Labour Relations Court in Nairobi has ordered Samsung Electronics East Africa to pay more than KSh 3.7 million to a former senior employee after finding that the tech giant unlawfully terminated his employment.
In a judgment delivered by Justice Radido Stephen, the court ruled that Samsung failed to demonstrate valid and fair reasons for dismissing Stanley Githende Ngigi, who served as the company’s Retail Marketing Manager for the IM Group from 2018 until his termination in December 2022.
The case stemmed from concerns raised by Ngigi’s supervisor regarding his handling of a retail promotion, stock updates, dealer credit changes, and new product information. This triggered a disciplinary process, culminating in his dismissal for alleged negligence.
However, during the court proceedings, Ngigi successfully argued that Samsung did not provide any evidence directly linking him to the alleged failings. He further explained that some of the responsibilities cited as grounds for dismissal did not fall within his job description.
The court agreed, noting that Samsung’s witnesses failed to rebut his explanations or present internal documents proving he had neglected his duties. The company also did not produce dealer complaints or records supporting the allegations against him.
Justice Radido concluded that Samsung did not meet the legal threshold required under the Employment Act to uphold the termination.
Ngigi had also accused his supervisor of harassment during the same period. While Samsung convened a meeting to address the grievances, the court found that the process was left incomplete. However, the judge clarified that this alone did not amount to a violation of Ngigi’s labour rights.
Although Ngigi had sought reinstatement, the court declined, noting that the role he previously held required a high level of trust and that the working relationship between him and the company had irreparably broken down.
Instead, the court awarded him compensation equivalent to five months’ gross salary, totalling KSh 3,777,805, in addition to interest and costs of the suit.
