Several line Managers at CMC Motors colluded and denied a sales agent his commission of shs 1.8 million.
In a well-crafted scheme, the line managers also colluded to sack Geoffrey Kasili and ensured he went home minus shs 1, 844,734.
Kasili worked for CMC motors from 30th November 2015 as a sales executive, engineering division.
Due to the company’s exceptional business reasons, the engineering division was done away with as of 30th November 2016 resulting in redundancy.
CMC then transferred Kasili in November 2016 to a senior sales executive grade D in the HCV Division effective 1st December 2016,
His salary was also increased.
However despite his stellar performance, Kasili was let go in 2017 due to the company downsizing and was not paid any commission.
Kasili was lucky to be appointed as a Spotter on 27th April 2018 for 12 months.
The contract ran from 1st April 2018 to 30th March 2019.
According to CMC, his position was to be remunerated solely based on commissions for deals done on behalf of the company.
However, on 31st October 2018, he was sacked from employment by one Patrick Amenya, CMC Group sales director.
“Your appointment as a spotter has been revoked,” Amenya told Kasili in the sacking letter.
Kasili’s lawyer Eddah Mwanyumba from Mwanyumba Kariithi & company advocates complained that Kasili was sacked by Amenya without the involvement of the CMC human Resources Manager.
“During his tenure under various stints as your employee, Kasili managed to make or be directly involved in sale deals to Nzoia Sugar company limited, NEMA, Ministry of Agriculture, Livestock and Fisheries –State Department of Livestock, Sparkle Digital Media Limited, National Industrial Training Authority (NITA)-KYEOP project, Ministry of Public Service, Youth and Gender Affairs –KYEOP project,” Lawyer Mwanyumba wrote to CMC in a demand letter.
Kasili through his lawyer is demanding to be paid commissions after he executed sales to Nzoia Sugar Company being 10 Suzuki Maruti Gypsys , NEMA- 6 Suzuki Grand Vitara and 2 Suzuki Jimny.
He also executed deals to the State Department of livestock and others and was to earn a commission totaling to shs 1, 844,734.
According to the lawyer, Kasili has not been paid his money despite numerous letters and complaints to CMC line managers.
CMC through its Group legal officer Churchill Ombeta wrote back to Kasili’s lawyer saying,
“Your client was contracted by the company as independent contractor acting as Spotter in April 2018. He was later relieved of his duties accordingly when the role became obsolete. The appointment was revoked legally and procedurally by the company as a matter of right,” Lawyer Ombeta wrote.
Ombeta went on to say that it was not true to allege that Kasili was unceremoniously dismissed from CMC.
Ombeta said CMC cannot pay Kasili his commission because Nzoia Sugar Company has never fully paid for the Suzuki Maruti Gypsys that were sold to them in 2016.
He said CMC can only pay the commission once the full and final payment is made to CMC motors.
“Your client understands that there was a conflict between him and another sales agent Mrs. Anne Wanjiru as to whom was entitled to the commission arising out of the sale of Suzuki Grand Vitara to NEMA , it was agreed by the company and as commission sales scheme that whoever brings the original LPO secures the deal. This was done by Mrs. Anne Karanja who invoiced and delivered the LPO to the company. She was paid the full commission in respect to this sale and we have records in support of the payments,” Ombeta told Kasili’s lawyer.
In the State Department of Livestock, CMC said it was a competitive bidding and no spotters were required.
Despite numerous claims and letters, CMC group government and fleet manager Kagwiria Mbiti wrote to Kasili on May 28th 2019 that the commissions as claimed are not payable due to his non-involvement in delivering the deals to CMC Motors.
“Take notice that any legal cause that may be instituted against the company in relation to the ,malicious allegations enshrined in your demand letter will be defended strenuously at your clients risks as to costs and incidentals,” Ombeta wrote to Kasili’s lawyer.
However, by the time of going to press, Kagwiria and Amenya had not responded to our queries if indeed there was any other reason as to why CMC Motors denied Kasili his commission.