Radio and television personality, Unathi Nkayi, is requesting a sum of R1.6-million from Kaya FM for unfair dismissal and loss of income as a result of the station’s unlawful termination of her contract.
According to Sunday World, Unathi has filed a lawsuit against the station at the Johannesburg High Court.
According to papers seen by the publication, the former Idols SA judge said that she signed a contract with the station on February 11 2020 to be its presenter.
The agreement between her and the station began on March 1 2020 and was expected to run until February 28 2023. The singer alleged that her contract unlawfully ended due to her verbal altercation with her fellow presenter, Sizwe Dhlomo.
Unathi’s contract included the following and among others, presenting the Monday to Thursday 12pm-3pm, providing content daily, making 12 public appearances, audio content, 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, the publication reported.
The television personality claims the station was expected to pay her R600 000 per month from March 1 2020 to June 30 2020.
She said the agreement stated that if she did not adhere to the agreement stated in her contract, it would lead to the termination of her employment with the station.
“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 which have been seen by Sunday World.
Her monthly fee increased 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 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.
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.
The singer also claims that after her dismissal, Unathi alleges that the station did not pay her salary for 16 months.
“The total sum which the defendant failed to pay over the 16-month period was R1 300 000.00 [R81 250.00 multiplied by 16]. Despite demand, the defendant has failed to pay to the plaintiff the sum of R1 300 000.00. The defendant is ordered to pay to the plaintiff the sum of R1 300 000.00,” read the papers.
The former Idols SA judge also said the station published defamatory statements on its website, saying that she has been “pink slipped.”
Unathi is requesting for the station to remove the statement from the website and pay her a total of R100 000 for defamation.
She is also demanding R200 000 for impairment of dignity after the station stated in its termination letter written on November 17 2021 that, acting with pre-meditation, she fabricated a complaint about Dhlomo, which she knew to be a lie, to prejudice his contract with it, Sunday World reported.
Also see: Unathi Nkayi speaks on her healing journey: “I had hit rock bottom”
