Priscilla Muthoni Maingi, woman who served as Change.Org‘s country director between January 2022 and February 2023, sued the multinational company based in the United States (US) for unfair dismissal and is seeking millions of shillings in damages from the company.
According to the petition which was certified as urgent, Maingi was terminated in February 2023 on claims of her post becoming redundant, but the online firm and its agents went ahead to replace her with a man, Lenny Ruvaga.
“Taking note that I was not accorded any reasons for my termination, my successor performed the same role as I had while an employee of the Respondents, it is, therefore, clear that my ejection from the company was intentionally orchestrated to replace me by a gentleman on account of my gender,” she claimed in court documents.
Maingi also sued LTSDL KYA Solutions Ltd, an outsourcing company registered in Kenya, DEEL Ke, an agent of DEEL INC, a multinational based in California, USA, and in her case, LTSDL KYA Solutions Limited, an outsourcing company, had orchestrated her removal from Change.org.
Employment and Labour Relations Court Judge Byram Ongaya allowed her to serve Change.Org and its agents by mail after she claimed her lawyers cannot effect service to the multinational companies as they do not have a physical office in Kenya.
“I have considered the application and the accompanying supporting affidavit and exhibits thereto, and certify the application urgent,” the judge said while directing that the case be mentioned within 21 days for directions.
Maingi revealed that she was employed by the outsourcing company which hires outsourced workers and avails them to a client enterprise, in 2021.
“I received an email on 29 October 2021 from the Change.Org informing me of an offer of appointment as the Country Director in Kenya. Change.Org divulged information that it uses an Employer of Record (EOR) to hire its teams in many countries it operates in,” she stated.
She explained that Change.Org would inform Deel.Inc of Maingi’s response to the offer if she agreed to it and that a contract of employment would be provided by Deel, for her to sign. A contract was subsequently entered and she was to commence work as LTSDL’s Country Director on January 3 2022.
“My roles and day-to-day engagements included starting campaigns, mobilizing supporters, and working with decision-makers to drive solutions through the Change.Org online platform,” she explained.
A year later, she said she received a call from Change.Org concerning a transition they were experiencing and was told her role would be affected and as a result, would be terminated on account of redundancy. However, she claimed that the redundancy process did not follow due process thereby making it unfair and illegal.
Maingi added that in the absence of such critical reasons, there were no valid or fair reasons provided that would sanction her retrenchment and further revealed that the employer had in a letter on February 13 said the retrenchment was not on account of her performance.
“Therefore, in the absence of any valid reasons or any reasons at all for that matter, it remains that the first Respondent consciously ignored their obligation as an employer to afford the petitioner with reasons for her termination from employment,” she said through her lawyers.
She added in the court documents that her employer was aware that it had not provided her with a notice and provide reasons for the decision to terminate the employment on account of redundancy.
Her male successor had performed the same role as she had arguing that her termination was based on discriminatory grounds.
Maingi, therefore, wants the court to declare that the four companies violated her rights under the Labour Relations Act and is seeking damages for unlawful termination being 12-months’ salary amounting to Ksh11,730,996.
Additionally, she wants the companies ordered to jointly pay her insurance cover of Ksh5.5 million and a Personal Loan Insurance of Ksh1.4 million, a total of Ksh18.7 million.
Change.org allows users to create and sign petitions to advance various social causes by raising awareness and influencing decision-makers. The site is operated by a US-based non-profit company of the same name and claims to have nearly 500 million users as of December 2022.
