Employment and Labour Relations Court has affirmed the sacking of an international tea firm’s manager over sexual misconduct.

Justice Anna Mwaure, in her judgment, said that there was evidence to show that the man we codenamed R C was involved in sexual harassment and the interference of witnesses during investigations.

“There is evidence the Claimant used language in respect to witness no. 1 and witness no. 2 that had clear sexual connotations and so amounted to sexual harassment,” said Justice Mwaure.

The man sued British-owned Lipton Teas and Infusions PLC (formerly Ekatera Tea Kenya Plc), claiming that he had been unfairly sacked on March 16, 2023.

He stated that he was employed as an assistant divisional manager, first on probation, and eventually confirmed on August 23, 2015.

He said he was assigned to multiple company divisions, including Kimugu, Kimo, Changau, Chebown, and Chebau—but primarily worked at Kingu.

However, he alleged that he was first suspended and then kicked out, in a rushed process.

R C, in his case, denied all the claims. He stated that the testimonies by nine witnesses, including a woman codenamed C C, who implicated him, were not supplied to enable him to argue for his innocence.

According to him, two witnesses argued in his favour by denying sexual harassment. He further argued that he had maintained a clean record from the first day of employment.

The court heard that R C was fired on May 8, 2023 while his appeal was thrown out eight days later.

The man stated that the disciplinary process was fundamentally flawed and orchestrated to appease overseas clients following the British Broadcasting Corporation (BBC) exposé on sexual harassment in the tea industry.

He claimed that the investigation lacked credible complainants and relied on unverified gossip, with key witnesses, such as C C, not presented for cross-examination.  

He also argued that the accusations amounted to rumours of a consensual relationship and that his dismissal was unjust and based on unfounded speculation.

He sought for Sh67 million compensation for alleged damage of his professional career.

In opposition, Lipton denied all the claims. The tea company stated that the dismissal was justified following the investigations by the BBC.

According to the firm, R C made repeated unwarranted sexual advances toward female employees, facilitated preferential recruitment in exchange for sexual favours and interfered with the investigations by contacting potential witnesses.

Lipton told the court that R C attended a disciplinary hearing on April 27, 2023 where several witnesses presented their evidence.

In attendance, it stated, was the Chairman Bett, member Miss Mitei and Mumbi Mwangi Members of Code Committee and Lucy Kinyanjui represented the investigators. R.C had no witnesses.

 The company asserted that there was a need to protect the witnesses’ identities owing to the alleged intimidation. It also denied that it fired him in order to appease its customers in Europe.

 The company argued that the man’s prayer for reinstatement ought to be dismissed as the employment relationship had broken beyond the salvaging point.

Lipton called Hillary Lombard, an independent investigator, as a witness. She told the court that she alongside two other investigators interviewed 11 persons and wrote their report.

She said that during investigations, R C was calling some witnesses, hence the decision to suspend him.

Lipton also called the Human Resource Office as a second witness. He said that R C used to harass C C.

He stated that ex-manager was asking to take her out but when she refused, he got angry. It was claimed that he frustrated her work.

The man was also being suspected that he was in a sexual relationship with a term employee codenamed L C it was claimed that he favoured her in recruitment.

In a further reply, he said that C C did not report to him and therefore could not interfere with her work.

At the same time, he claimed that sexual favours claims during recruitment were unfounded as there was a team that did the exercise.

He said they had recruited 90 employees adding that the team also recruited three other women, one whom he was being accused of having a sexual relationship.