Radio and television presenter Unathi Nkayi is demanding a whopping R1.6-million from Kaya FM for unfair dismissal and loss of income after she lost lucrative endorsements as a result of the station‘s unlawful termination of her contract.

Nkayi’s demands are contained in the suit she filed at the Johannesburg High Court last week.

 

 

 

 

Unathi signed a contract with the station on February 11 2020 to be its presenter.

She also had to collect and produce all audio content and complete entries for the station’s radio awards, and “take responsibility” for all website content and interactions on social media during the course of the show.

Nkayi said, for her contribution, the station was expected to pay her R60 0000 per month from March 1 2020 to June 30 2020.

She said the agreement stipulated that the contract would be terminated if she committed any single material or persistent breach of its provisions.
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This includes deliberately neglecting the discharge of her duties under the agreement.

“If she contravenes the regulations repeatedly or in a material manner that jeopardises the station, alienates listeners and/or advertisers, and if she was guilty of any other conduct that would justify summary cancellation at common law,” read the papers.

Nkayi said the station increased her monthly fee to R81 250 after increasing her weekly shifts from April 1 2021 to air the midday show, which was followed by a show presented by Sizwe Dhlomo, from Monday to Friday.

On October 18 2021, she said, she was involved in a verbal altercation with Dhlomo, after reacting negatively to her complaint that he had arrived late for his show, thus preventing her from concluding her shift.

Nkayi said she was humiliated and felt insulted by Dhlomo’s response to her complaint.

Accordingly, she said, on October 19 2021, she file“On 17 November 2021, the defendant repudiated the agreement by unlawfully purporting to terminate it.

“The defendant’s purported termination of the agreement was unlawful because the defendant failed to give the plaintiff the opportunity to rectify the alleged breach as required by the agreement,” read the papers.

Nkayi said she did not commit any single material or persistent breach of the provisions of the agreement and did not deliberately neglect the discharge of her duties under the agreement.

Also, she said, she did not contravene “the regulations” repeatedly or in a material manner that jeopardised Kaya FM, alienated listeners and advertisers.

She added that she was also not guilty of any other conduct that would justify summary cancellation at common law.

“As a result of the defendant’s unlawful repudiation of the agreement, the plaintiff suffered contractual damages in an amount of R1 300 000.00,” read the papers.d a complaint to the station’s head of human resources department against Dhlomo.

“The defendant investigated the plaintiff’s complaint and, on 21 October 2021, dismissed it.
In dismissing the plaintiff’s complaint, the defendant requested the plaintiff to tender a written apology to Dhlomo within five days of the date of the letter.”

She said despite complying with the station’s request, the station accused her of failing to do so and indicated its intention to terminate her contract.

She said at the station’s invitation, she made detailed submissions as to why the agreement should not be cancelled.