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Former G4S executive in Sh13m compensation claim [Business Daily (Kenya)]
[September 21, 2014]

Former G4S executive in Sh13m compensation claim [Business Daily (Kenya)]


(Business Daily (Kenya) Via Acquire Media NewsEdge) A former G4S executive is seeking Sh13 million compensation at the Industrial Court for alleged wrongful termination by the security firm and salary arrears. Anthony Alukhwili Maleche, who claims to have served as a regional manager for G4S in East Africa, claims that the firm breached contract by failing to pay him his salary, leave dues, accrued commission and house allowance.



He argues that G4S's failure to pay him his dues and later forcing him to resign amounts to unlawful termination. "Payment of salary in lieu of notice amounting to Sh13,507,736.32 as enumerated in 3(f) of the claimant's statement of claim," reads one of the orders sought by Mr Maleche.

But in its response G4S Kenya, which is listed as respondent in the case, has distanced itself from the claim arguing that it is not a party to his contract and that he cannot make a claim against it. The firm says that Mr Maleche was hired by G4S International Employment Services Limited, which retains the service of some senior managers and seconds them within G4S Group of companies.


G4S Kenya says it is just one of the companies in G4S Group of Companies (G4S), which it claims has operations in more than 100 countries globally.

The petitioner says he joined the security firm in 2004 as a regional general manager, Central, where he served until 2009 when he was transferred to Uganda as a general manager G4S Uganda Limited. He claims that while in Uganda he was paid Sh792,545 ($8,905) per month after tax.

Mr Maleche was transferred back to Kenya in April 2012 and deployed as director, response services, and his salary was allegedly reduced to gross of Sh601,440 a month. He said that while he was still working the firm failed to pay him his salary forcing him out of the job.

He is claiming loss of salary for last year together with interest amounting to Sh3.4 million, lost salary for 2012 amounting to Sh5.3 million, and lost pension for 2010 to 2013 totalling Sh3 million. He further claims underpaid bonus of Sh407,000, clawed back bonus of Sh1 million and underpaid relocation allowance of Sh339,662.

G4S Kenya says it hired Mr Maleche in 2004 and posted him in Central region until 2009 when he was redeployed to Uganda. The firm says in 2010 he signed a fresh expatriate contract with IES, which allegedly terminated his contract with G4S Kenya.

"The claimant cannot therefore assert any rights against the respondent on the previous contract as it was terminated, or on the new one as it was with a different employer," says G4S in a response filed at Industrial court on July 28, 2014.

G4S Kenya further disputes Mr Maleche claim that his salary was reduced when he was redeployed to Kenya, arguing that his contract with IES lapsed after which he executed afresh contract with G4S Kenya. The security firm further argues that he was never sacked but he resigned from employment on his own volition.

G4S Kenya says it has paid all dues under contract with the petitioner and denies claims for lost salary for 2012 and 2013, which Mr Maleche reckons is the difference by which his salary was reduced when he returned to the country.

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