An employment fight between giant Sri Lankan-owned Browns Plantation and a former security manager has revealed the assault of three employees suspected of siphoning fuel from a company vehicle about two years ago.
This came as the Employment and Labour Relations Court rejected claims by the former security manager of Browns Plantation, Vincent Murangiri, that he was constructively dismissed from the job.
The court upheld the company’s position that Mr Murangiri, who resigned during disciplinary proceedings over alleged assault of theft suspects, was not constructively dismissed.
The judge said that the former security boss failed to prove that Browns, a tea company formerly known as Lipton Teas and Infusions Kenya PLC, forced him to quit on July 29, 2024.
Mr Murangiri joined the company in May 2024 as security operations manager. He oversaw security operations in the company’s Kericho, Bomet and Limuru estates.
The dispute followed allegations concerning the treatment of suspects arrested on July 5, 2024, after the company reported theft. Mr Murangiri faced allegations of inhuman treatment of employees who were allegedly found stealing from the company.
Mr Murangiri said he was summoned on July 18 to Browns’ ITC offices and compelled to record a statement.
He said 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.
He also told the court that the line manager sent him a WhatsApp advertisement for his job on July 24, which he regarded as evidence that the company wanted him out.
Mr Murangiri said an attempted burglary occurred at his company residence at 2.53am on July 29. He reported it at Kericho Police Station. He said the events caused intimidation and mental anguish, forcing him to resign.
Browns denied the allegations and said he voluntarily quit while disciplinary proceedings were pending. It said 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 maintained that there was no coercion, intimidation or foul play in the exit of its former security chief. It also said Mr Murangiri had failed to complete the required clearance process after resigning.
The court found the evidence did not establish coercion. “The petitioner did not allow the respondent to convene a disciplinary hearing as he was quick to resign,” the court said.
The court also relied on the resignation letter, which did not mention pressure or mistreatment. “He did not indicate he was forced to resign or was mistreated so as to justify constructive dismissal.”
Instead, Mr Murangiri wrote: “Please accept this letter as a Notice of my resignation from Lipton Teas and Infusion effective July 29 2024.”
The court applied the test for constructive dismissal established in employment law. It said the employee carries the burden of proving the employer’s conduct caused the resignation, while the employer must justify the grounds on which termination is alleged.
Mr Murangiri had sought Sh4.3 million compensation, equivalent to 12 months’ salary, plus two months’ notice pay, leave, transition bonus and a certificate of service.
Browns disputed the claim and maintained that he resigned during a disciplinary process. It dismissed his claims for unfair termination and constitutional violation.
However, the court awarded him Sh254,395 comprising Sh90,000 for leave not taken and Sh164,359 as transition bonus. Browns was also ordered to issue him with a certificate of service within 30 days.
“The petitioner has not proved a case for unlawful termination and/or violation of his fundamental rights. The Petition is therefore dismissed.”
Browns became the owner of the former Lipton Kenya Tea operation in 2024. The Competition Authority approved B Commodities ME FZE’s acquisition of 98.56 percent of Lipton Teas and Infusions Kenya PLC, which had eight factories and produced about 33 million kilogrammes of tea annually.
The Kenyan portfolio covered about 14,100 hectares and included 11 plantations, while the wider transaction also covered tea operations in Rwanda and Tanzania.
