Uchimi's Ex-CEO Jonathan Ciano. [PHOTO/Citizen TV]
The High Court on Wednesday gave retail chain Uchumi more time to file a forensic report it seeks to rely on in its response to a case filed by former chief executive Jonathan Ciano, who is seeking Sh47 million for unfair termination.
The directive was given after Uchumi told the court that it intends to rely on the report to demonstrate Mr. Ciano’s breach of contract while he served at the helm of the retail chain. KPMG, an audit firm compiled the report.
Uchumi’s lawyer Patrick Lutta told the Employment and Labor Relations Court that Uchumi had received the report on Tuesday this week, and needs more time to file it together with witness statements to support its case.
Justice Stephen Radido directed the supermarket to file its papers by February 9, and serve Mr. Ciano so that he may respond if he finds it necessary.
Mr. Ciano wants a declaration that Uchumi’s decision to terminate his contract without notice and due process amounted to an unlawful dismissal from employment.
He is seeking Sh47,410,222 from Uchumi in terminal benefits and compensatory damages arising from his dismissal from employment in unfair, unlawful, and inhumane terms.
Uchumi however, reckons that Mr. Ciano had through a letter dated June 13, 2015 addressed to the board’s chairperson, consciously and voluntarily resigned as the Uchumi CEO, and by another letter dated June 22, 2015 resigned as director of Uchumi.