when you are wrongful fired from your job and the employer relies on the manager’s written words, how do you go about it in terms of legal means or should you let it go and find something else to do?
the manager being new (2 month) used old warning letters written by other manager against my case.
I need advise since the director don’t want to hear part of my story and I even wrote them a letter defending myself.
Look what the labour laws state concerning dismissal. Then examine ua case and look for loopholes especially the procedure that they used to sack u
U can also table ua case to a lawyer who will advise u on ua chances before u proceed
Get a lawyer and go to court. That is unfair procedure as according to Article 42 and 41 of the Employment Act. Then get reinstatement orders pending the determination of the case
go to Industrial court of Kenya- employment and labour relations court, they’ll help you
thanks I heed the advice
Did they write you a show cause letter? were you on your last warning considering from your post you had previous adverse letters? What was the nature of your final “offence”?
This could be hard but let it go and hope to get elsewhere,because even if they reinstated you,I don’t see a working relationship with your new boss.
Secondly you dismissal has earned the manager some leeway.Took advantage of your situation to strengthen his/her base in the company
Try not to burn bridges whenever possible. sometimes losing a job opens better opportunities
Concentrate your energies on finding a new job otherwise you will waste a lot of time.
there was no warning letter whatsoever I was given the a dismissal letter but before that the manager made it clear he didn’t want me to work
Pole sana ndugu for your tribulations.
Now you know better. Always avoid being written up at all costs. If you still want to pursue this, find the nearest county labor office and present your matter.
the nature of the offense was talking which to him was against manager’s policy. moreover, the company works on contracts year which we sign at the beginning of the year and it was suppose to end at the end of the year.
kitu inaniuma its the managers maligning my character so as to fire me. if it was true I contravine the company policy I wouldn’t object my sacking.
Did your actions breach the contract/ What was the procedure for dismissal in the contract and did your employer follow it?
[QUOTE=“Mr Esquire, post: 1566650, member: 8978”]
Did your actions breach the contract/ What was the procedure for dismissal in the contract and did your employer follow it?
[/QUOTEi
I didn’t breach any policy stated in my contract.
the employer didn’t follow the right procedure I.e giving a warning letter.[/QUOTE]
Take your work related documents to a lawyer. Utapata usaidizi.
I won’t need the job back but I may need my reputation (peace of mind) and of course the compensation after the case that is if I proceed with case in courts
I will do my best but if the lawyer sees its a futile case I will leave it.