A Nairobi court has resolved a labour dispute in favour of Pauline Wambui Gichuki, a former medical sales representative at GlaxoSmithKline (GSK) Kenya, who alleged she was unfairly dismissed in 2018.
- •The Employment and Labor Relations Court found that GSK terminated her contract unlawfully and ordered the pharmaceutical giant to compensate her for damages.
- •The case, which spanned several years, brought to light allegations of workplace harassment, biased internal investigations, and retaliatory dismissal.
- •Gichuki, who had worked at GSK since 2011, claimed her dismissal was orchestrated by senior managers after she raised concerns about recruitment malpractice and internal corruption.
The Employment and Labor Relations Court in Nairobi ruled in Gichuki’s favor, determining that GlaxoSmithKline had acted unlawfully in terminating her contract.
“Having established that the respondents did not establish they had valid reason to terminate the claimant and that due process was not followed, I return the verdict that the claimant’s termination was unfair and unjustified,” the ruling stated.
The court found that the disciplinary process was flawed and lacked impartiality and that Gichuki had provided sufficient evidence countering the allegations of misconduct. The company’s actions suggested a pattern of retaliation rather than a legitimate dismissal.
In 2023, GlaxoSmithKline scaled down operations in Kenya by shutting down its manufacturing facility.
What really happened?
During the court proceedings, she detailed instances of alleged bias and corporate misconduct, including claims that GSK executives manipulated hiring decisions, covered up internal irregularities, and targeted employees who challenged authority. She also accused the company of disregarding crucial evidence that could have exonerated her, including requests for CCTV footage that were ignored.
Gichuki joined GSK as a medical sales representative and built a strong track record over seven years, eventually serving as a Key Accounts Champion. She managed key hospital and distributor relationships and executed sales strategy.
In 2017, tensions arose when she applied for a Key Accounts Manager position—a role she had been informally handling. She was passed over for the promotion, which instead went to another candidate under questionable circumstances.
Gichuki alleged that favoritism played a role in the selection process and later reported the matter to GSK’s UK headquarters through the company’s whistleblowing platform, SpeakUp Integrity Channel.
She claimed that shortly after, she became the target of an internal probe into alleged falsification of sales call logs. The company accused her of logging meetings with a doctor, Summery Sitima, that it claimed never happened. Gichuki, however, maintained that she had met Sitima multiple times, provided supporting documents, and challenged the basis of the allegations.
She also claimed that Sitima, who had been employed at GSK despite still being listed as a county-sponsored medical trainee, had a conflict of interest that was being ignored by the company.
A Disciplinary Process Marred by Controversy
In early 2018, GSK summoned Gichuki for disciplinary hearings, where she said she was not given a fair chance to defend herself. By this time, she was eight months pregnant and under medical advice to avoid stress.
Nevertheless, she continued to engage with investigators, providing evidence to clear her name. The hearings raised further concerns over procedural fairness. According to court records, the same HR officials leading the probe were also responsible for determining its outcome, a situation that Gichuki argued was a clear conflict of interest. The investigation report, she said, was manipulated to ensure her dismissal.
Despite her protests, GSK fired her on 8th August 2018, just days after she returned from maternity leave. The termination, she contended, was not only unjustified but part of a deliberate effort by senior management to eliminate her for being outspoken about ethical breaches in the company.
Career Fallout
After her termination, Gichuki faced immense difficulty securing new employment. Prospective employers—including major pharmaceutical firms like Roche, Novartis, and Medtronic—declined her applications upon learning she had been fired from GSK.
The stigma of the dismissal followed her, leading to financial strain and emotional distress. Determined to clear her name, she sued GSK in 2021, arguing that the company had violated employment laws, denied her due process, and subjected her to workplace victimization.
The court criticized GSK’s handling of internal complaints, stating that multinational corporations operating in Kenya must uphold fair labor practices and adhere to the rule of law.
For the pharmaceutical company, the case represents a reputational setback in the Kenyan market, where it has long been a dominant player in the pharmaceutical industry.
