Court orders serial offenders AFC Leopards to pay ex player 1.3 million for wrongful dismissal

Twelve time Kenyan league champions AFC Leopards have been hit with another court order to pay one of its former players, John Wonder Odongo, upto 1.3 million shillings for what was ruled to be wrongful contract termination by the club.Back in August 2020 when sporting activities were halted during the peak Covid-19 times, John Wonder was handed a release letter signed by the club’s secretary where it was alleged that the two parties had reached a mutual agreement to part ways.Having been signed on August 2019 on a three year contract that was expected to run upto August 2022, John Wonder – the claimant – rejected the letter as he had not agreed with the club to terminate his contract forcing the player to seek legal redress in November 2020.“In his Statement of Claim filed on 10th November 2020, the Claimant states he was signed by the Respondent, through a contract dated 13th August 2019, as a Footballer. He was to play for the Respondent for 3 years, commencing on this date. His salary was Kshs. 60,000 monthly. The contract was anchored on the Employment Act 2007. On or around 23rd August 2020, he received a phone call from Respondent’s offices, to collect his letter of termination. He availed himself and was handed a release letter, authored by Respondent’s Secretary, dated 24th August 2020. It was alleged that release was by ‘mutual agreement,” part of the judgement read.John Wonder told the court that the club admitted to owing him at least Sh643,000 in arrears but it declined to pay him despite admitting indebtedness, which is why he sued them.In the ruling delivered by Judge James Rika, the court found Ingwe guilty of unfair and unlawful termination of the contract between the two parties and that Ingwe’s claims of a mutual agreement to part ways were untruthful as there was no evidence at all that the termination was consensual. Consequently, the club was ordered to pay the total amount of 1,303,000 for various offences.“It is ordered:a. It is declared that termination was unfair and unlawful.b. The Respondent shall pay to the Claimant: equivalent of 12 months’ salary in compensation for unfair termination at Kshs. 720,000; a month’s salary, in lieu of notice at Kshs. 60,000; salary arrears at Kshs. 301,000; sign-on fees at Kshs. 200,000; and win allowances at Kshs. 22,000 – total Kshs. 1,303,000.c. Certificate of Service to issue.d. Costs to the Claimant.e. Interest on the principal sum is allowed at court rates, from the date of Judgment, till payment is made in full,” the ruling read.This is not the first case involving unfair termination of contracts at Leopards. The club was until two months ago serving a transfer ban imposed by world governing body, FIFA, after failing to play former coach Andre Cassa Mbungo and a host of other players after terminating their contracts.  

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