Losing your job is stressful, and it is easy to sign something or miss a deadline in the rush. Kenyan law protects employees from unfair dismissal. Here is what to check, and what to do next.
1. There must be a valid reason
An employer must have a fair and valid reason to dismiss you — related to your conduct, your capacity or the genuine operational needs of the business. If the reason is unclear, ask for it in writing.
2. There must be a fair procedure
Before dismissal for misconduct or poor performance, you should be told the reasons in a language you understand and given a chance to respond, with a colleague or union representative present if you wish.
3. Check your notice
You are entitled to the notice in your contract, or the minimum the law sets, or pay in lieu of notice. Summary dismissal without notice is only allowed for serious misconduct.
4. Work out your terminal dues
These usually include salary for days worked, pay for leave not taken, notice pay where due, and any other sums in your contract. Ask for a written breakdown.
5. Ask for a certificate of service
Every employee is entitled to a certificate of service on leaving. It confirms your dates and position — useful for your next job.
6. Be careful what you sign
A discharge or settlement document may waive your right to claim more. Read it carefully, and take advice before signing if anything is unclear.
7. Mind the time limits
Employment claims must be brought within strict time limits. Even if you hope to settle, speak to an advocate early so your rights are protected.
This article is general information and not legal advice for your situation.