Your employer should not dismiss you without notice

Friday April 21 2017

I work with a Chinese company and my colleagues and I have been having issues with the employer because of unfairness, mistreatment and failure to adhere to the employment Act. PHOTO | FILE

I work with a Chinese company and my colleagues and I have been having issues with the employer because of unfairness, mistreatment and failure to adhere to the employment Act. PHOTO | FILE 

By FRED GITUKU
More by this Author

Q. I work with a Chinese company and my colleagues and I have been having issues with the employer because of unfairness, mistreatment and failure to adhere to the employment Act.

What should I do and in case I am fired, what is the right procedure of claiming my service pay?

The reason I am asking this is because the employer claims that by the help of the company’s lawyer, he can dismiss me without notice

 

Although you do not describe it in detail, your working environment may not only be uncomfortable but could also be undermining productivity. Organisations that seek to sustainably draw the best from their people deliberately create conducive working environments in which adherence to employment legislation is a basic part.

Companies usually have values and policies that guide the conduct of their employees. Alongside these come mechanisms of addressing grievances that may arise in the course of work. Are there such policies and means of raising grievances at your place of work?

Have you raised the issues with your HR department or supervisor? If there is no hope for recourse within, it will be fitting to report the matter to your nearest labour office.

Even with the greatest effort of attempting to have your grievances addressed, there are situations where the benefit of having a source of income can be so undercut by a poor working climate that it becomes preferable to find alternative employment.

Raising a grievance is not a reason on which an employer could fairly terminate your services. The employment Act, which you can access online, indicates the circumstances under which employment may lawfully be terminated.

Unless the reasons justify summary dismissal or your employer pays you in lieu of notice in the event your services are fairly terminated, dismissal without notice would be unlawful. It is worth noting that severance pay, which you presumably refer to as service pay, is only payable in the instance of redundancy. Remember though that there cannot be a spotless working environment.

If you make it your crusade to rummage scrupulously, you will find, even in the best working environments, an issue with which you could be dissatisfied.