Turbines of the 310MW Lake Turkana Wind Power project in Laisamis.
Directors of the Lake Turkana Wind Power (LTWP) project are facing accusations of harassing, intimidating, and humiliating the former Chief Executive Officer, Jon Abbas Zaidi, a New Zealand national.
In the labour relations dispute, which has since been referred by the court to arbitration, the board of directors is also accused of coercing Mr Zaidi into accepting a mutual and amicable separation deal.
Mr Zaidi claims his contract was terminated in August 2021 after he was subjected to human rights abuses, harassment, humiliation, economic duress, undue influence, coercion, and a fabricated mutual separation and confidentiality deed.
“The harassment was contrary to the provisions of the employment policies handbook on harassment policy,” he says.
Regarding allegations that his suspension was linked to irregular payments, he insists they are false.
“The suspension letter was predetermined, stage-managed, and issued in bad faith. Mr Zaidi was denied the opportunity to understand the allegations against him and was not granted a fair hearing. He was directed to immediately hand over his office phone and laptop,” his lawyers, Sadia Ayah & Company Advocates, state in court papers.
The expatriate was hired in August 2019 by LTWP, Kenya’s second-largest electricity producer, to replace the founding CEO, Rizwan Fazal. He had been contracted for 36 months, ending in September 2022.
He was suspended on June 30, 2021 through a letter titled ‘Suspension, Investigational and Possible Disciplinary Proceedings’, and Mr David Mwangi Munene was appointed as his replacement. Mr Munene served for one year before being succeeded by Mr Phyllip Leferink.
In the court dispute, Mr Zaidi is seeking compensation of $722,882 (Sh93.4 million) under various claims, including salary in lieu, gratuity, home travel allowance, unpaid leave, overtime, and compensation for unlawful termination.
He is also asking the court to declare his termination unlawful and unfair.
The court case is pending the outcome of arbitration proceedings.
The court case is awaiting the outcome of the arbitration proceedings.
