A Nairobi court has found that an Italian executive was constructively dismissed after his employer relocated him to Nigeria without consultation.
Justice Hellen Wasilwa of the Employment and Labour Relations Court ruled that Federico Caboni's resignation amounted to constructive termination, awarding him €147,014.66 (approximately Sh22.1 million) and ordering the companies to issue a certificate of service.
Justice Wasilwa noted that the respondents never entered appearance or filed a defence despite being served with summons and hearing notices.
Caboni had sued CX Services Kenya Limited and Teleperformance SE, seeking "a declaration that the Respondents unfairly, un-procedurally, wrongfully and unlawfully constructively dismissed him from employment contrary to the law and the contract of employment”.
He also sought compensation of €121,000 (approximately Sh18.2 million), terminal dues of €147,014.66 (Sh21,399,453.91), costs and a certificate of service.
The feud centred on his 2022 contract as chief executive officer the Kenyan subsidiary, based in Westlands, Nairobi, on a yearly fixed gross salary of $121,000 plus a variable gross of $24,000.
He claimed he was later assigned to run the Nigerian office and helped set up Ghana operations without separate contracts or extra pay.
In February 2024 he was told to hand over the Ghana role to another subsidiary.
“He further avers that in March 2024, the 2nd Respondent's President, by an oral directive given on a telephone conference, instructed him to cease his role as CEO of the first respondent [CX Services] and hand over immediately to the CEO of Majorel Kenya, a company acquired by the second respondent [Teleperformance] which was neither his employer nor his superior.”
During that time, he was told to relocate to Lagos as the CEO of Teleperformance Nigeria.
No formal transfer or termination followed for over 10 months; a Nigerian offer only arrived in August 2024. He resigned on December 18, 2024, effective January 31, 2025, and was paid his January salary and 22.75 leave days.
“It is the claimant’s case that on or about September 1, 2025, the respondents, without notice, removed him from all their Chief Executive Officers' distribution and communication lists in EMEA [Europe, Middle East and Africa].
“He avers that this made the performance of his duties difficult and caused him anxiety and psychological and mental anguish. He raised these concerns with the second respondent's president, who was his supervisor, but they were not addressed.”
The respondents did not enter appearance or file a response to the claim, despite being served with the summons.
In her judgment, Justice Wasilwa ruled that the companies violated the Employment Act,2007.
“The respondents having employed the claimant to serve in Kenya, it was a breach of the employment contract for the respondents to unilaterally move him to Nigeria without consultation and without his concurrence,” the judge stated.
She found it was the breach “that led the claimant to tender his resignation which is equivalent to a constructive termination”.
The court awarded him terminal dues, compensation equivalent to six months' salary, and costs of the suit.
The award comprised six months' salary in lieu of notice at €60,499 (approximately Sh9.1 million), unpaid leave of €2,016.66 (Sh302,000), a yearly bonus of €24,000 (Sh3.6 million) and six months' salary as compensation for unfair termination at €60,499 (Sh9.1 million), totalling €147,014.66 (Sh22.1 million) less statutory deductions.
The judge also ordered a certificate of service.
