1. In today’s world,  finding a job is a difficult task so it is very painful when you’re unfairly dismissed from your job.

2. As an Employee you have certain rights under the Law. One is that you cannot be dismissed without a reasonable cause.

3. An Employer can only dismiss you if;
a)  you are absent for work without leave.
b)  you are drunk or intoxicated in any way at work.
c) you wilfully neglect or fail to perform your duties at work.
d)  you use abusive language at work.
e) you fail to obey a command from a supervisor at work.
f) you are arrested and not released on bail within 14 days
g) you commit a criminal offence against your employer.

3. These are the only reasons for which you can be fired,  any reason aside from these can amount to an unfair termination.

4. In addition to this,  even if it’s a summary dismissal an employer must follow certain procedures before terminating you; for example you must be given a right to be heard and have a representative present at your disciplinary hearing.

4. If you have been unfairly terminated, collect and store every evidence of your employment including the employment contract and bank records.

5. Prepare a Demand Letter or have a Lawyer prepare a Demand Letter on your behalf to your  Ex-Employer.

6. If they don’t respond to the Demand Letter,  file a Suit against them at the Employment and Labour Relations Court. Have a Damages Expert/Lawyer help you calculate how much money you should claim from your Employer.

7. Get Justice

8. Please note that this is General Advice and should not be used blindly, kindly seek the services of an Employment Lawyer to guide you on your specific case.

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Published by masibolaw

We help ambitious entrepreneurs to overcome legal and regulatory obstacles while growing their businesses.

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