Leaked Memo Exposes Systemic Intimidation, Forced Unfair Contracts and Toxic Management at Africa Global Logistics Kenya

Employees working under Africa Global Logistics (AGL) Kenya, through its contracted outsourcing agent Platinum Outsourcing Logistics, have exposed a hostile working environment marked by threats, intimidation and pressure to accept unfavourable contract terms, particularly during renewals, salary reviews or when new responsibilities are added to existing job descriptions.

The memo in our possesion has revealed that Platinum Outsourcing & Logistics staff at Africa Global Logistics Kenya are routinely placed under pressure whenever their contracts are due for renewal, amendment or review, particularly where employees are taking on additional duties and expecting their pay to reflect the changes. The workers, who asked that their identity be kept confidential for fear of retaliation, says the problem has created an atmosphere in which employees feel they have little room to question changes to their contracts or demand better pay, even when their responsibilities have increased. "Threats and intimidation from Platinum supervisors is the order of the day," the memo says, describing a pattern that they claim becomes more pronounced when contracts are being renewed or amended. According to the memo, the issue often arises when an employee's role changes or new responsibilities are added to an existing job description. Instead of those changes automatically leading to a discussion about remuneration, the employees are subjected to pressure intended to make them accept the new arrangements without raising questions. The employee says the result is a workforce that continues taking on additional responsibilities while remaining afraid that speaking about pay or contract conditions could cost them their jobs. The memo is directed at the relationship between Africa Global Logistics Kenya and its outsourced workforce supplied through Platinum Outsourcing & Logistics. AGL, formerly known as Bolloré Africa Logistics, is part of the MSC Group and operates logistics and supply chain businesses across Africa. Platinum, meanwhile, provides outsourced labour and logistics services to companies in Kenya. The distinction between the two companies is important because workers deployed to a client may spend their working days carrying out duties at the client's premises while their employment contract and payroll arrangements remain with the outsourcing company. That structure has previously come under the attention of Kenya's Employment and Labour Relations Court. In Indulah v Platinum Outsourcing & Logistics (EA) Limited, decided in January 2024, the court dealt with a dispute involving a worker employed by Platinum after the company had been appointed as a subcontractor to supply labour to Bolloré Transport and Logistics at the Kenya Breweries facility in Ruaraka. The case illustrates the kind of employment arrangements that can arise when workers are supplied by an outsourcing company to another business. In another matter, Kenya Union of Sugar Plantation and Allied Workers v West Kenya Sugar Company Limited and others, the Employment and Labour Relations Court dealt with a dispute involving Platinum and other outsourcing companies, where the union challenged arrangements under which outsourced employees were performing core functions while receiving inferior terms compared with permanent employees. The case included claims concerning discrimination in employment terms, access to collective bargaining benefits and the legality of outsourcing unionisable jobs. The court cases do show, though, that questions surrounding outsourced labour, employment terms and the division of responsibility between a client company and a labour provider have reached the courts before.

CONFIDENTIAL STAFF COMPLAINT MEMO To: Management, Africa Global Logistics (AGL) Kenya

Through: Platinum Outsourcing Logistics

Subject: Complaint Regarding Threats, Intimidation and Unfair Treatment of Outsourced Employees Please hide my identity for my protection. I am writing to raise a serious concern regarding the treatment of employees engaged at Africa Global Logistics (AGL) Kenya through its contracted outsourcing agent, Platinum Outsourcing Logistics. Employees working under the arrangement are increasingly experiencing threats, intimidation and undue pressure from some Platinum supervisors. This has created an uncomfortable working environment where employees feel unable to freely raise legitimate concerns about their employment conditions for fear of victimisation or losing their jobs. The situation becomes particularly difficult whenever contracts are due for renewal, amendment or review of remuneration. In cases where employees take on additional responsibilities or their roles change beyond their original job descriptions, attempts to seek corresponding adjustments in pay are allegedly met with pressure and intimidation rather than constructive engagement. There is growing concern that such an environment may be discouraging employees from speaking up about legitimate workplace grievances, leaving some workers feeling that they have no option but to continue working under unfavourable conditions in silence. We respectfully call upon Martin Mwangi: Country Managing Director for AGL Kenya and Platinum Outsourcing Logistics to look into these concerns objectively and establish whether employees are being subjected to threats, intimidation or unfair treatment when raising issues concerning their contracts, responsibilities and remuneration. Platinum Outsourcing & Logistics (E.A) Ltd is led by Managing Director Charles Wahinya, who oversees the company's strategic vision and large-scale regional operations. He is supported by Operations Director Jennifer Njau, who drives the company’s extensive business process outsourcing and logistics execution. The broader management team includes Administration Manager Dalmas Mutai, who handles logistics and major accounts like Kenya Breweries, alongside Technical Manager Okoth Odege and Quality & Customer Relations Manager Nathaniel Babu, who together ensure operational excellence and client satisfaction. Employees should be able to work in an environment where fairness, equality, dignity and open communication are respected, regardless of whether they are directly employed or engaged through an outsourcing agency. We therefore appeal for an independent review of the concerns raised, protection of employees who come forward, and appropriate action where wrongdoing is established. Let there be a conducive working environment characterised by fairness, equality and respect for every employee.

That demand comes at a time when Kenya's employment laws already provide workers with avenues for challenging unfair treatment. Section 86 of the Employment Act allows an employee to complain to a labour officer or file a case before the Employment and Labour Relations Court where a dispute arises over employment rights, contractual obligations, misconduct, ill treatment or other matters connected to the employment relationship.

The Labour Institutions Act gives labour officers powers to inspect workplaces and examine employment records, including wage sheets and other documents relating to employees. They can require employers to produce employment documents and investigate whether labour laws are being followed.

The law also protects employees who raise legitimate complaints. The Employment Act lists an employee's initiation or proposed initiation of a complaint or legal proceedings against an employer as one of the matters that should not be used as a reason for termination, unless the complaint is shown to be irresponsible and without foundation.