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Wrongful Termination or Unlawful Dismissal occurs when an employee's contract of employment has been terminated by the employer if the termination violates the provisions of employment laws of Kenya. Termination may be regarded as wrongful if it is discriminatory, forced resignation or retrenchment without proper notice as set out by the Kenyan Employment Act 2007.
Engaging a lawyer becomes necessary when you suspect that you have been unfairly dismissed, or when your employer hasn't followed the due process in terminating your employment. A lawyer will guide you through the complexities of the Kenyan Employment Act, helping you understand your rights, responsibilities, and any potential claims you might have against your former employer. They can also assist you in executing the filing processes correctly and help you handle mediation or court hearings.
Under the Kenyan Employment Act 2007, an employer is required to give written notice of termination and must provide a valid reason for the termination. If the employer does not comply with this, an employee may have a viable claim for wrongful termination. Furthermore, if an employer terminates an employee because of their race, sex, religion, or disability status, the employee can file a claim of wrongful termination on the basis of discrimination.
Wrongful termination includes instances where an employee is dismissed unjustly or without a substantiated reason, or where employers fail to follow the laid out procedure during termination.
The court may order for reinstatement, reinstate the canceled benefits, and even compensation for damages subjected to the employee due to the unfair termination.
Any employee who believes they have been unjustly dismissed from their job can file a wrongful termination claim. This includes both full time and part-time employees.
You should first consult a legal expert who specializes in employment laws. Gather all the necessary documents including your employment contract, and any communication concerning your dismissal.
The timeframe for a wrongful termination case can vary, ranging from a few months to several years, depending on the complexity of the case and the legal formalities involved.
You may find the 'Kenyan Employment Act 2007' and 'The Constitution of Kenya' important for understanding your rights. The 'Industrial Court of Kenya' is responsible for hearing wrongful termination suits. You might also find it useful to check the website of 'Federation of Kenya Employers' for additional advice and resources on employment rights.
If you believe you have been wrongfully terminated, it is advised to consult with a lawyer who specializes in employment law. Keep a record of all your employment documents and any correspondence pertaining to your termination. Start the process as soon as possible to ensure you comply with any time limits applicable to filing a wrongful termination claim.
