My employer dismissed me without notice. Besides, I was not paid

I worked in a certain supermarket for two years and they terminated my employment without any notice. To make matters worse, they never paid me a single penny, even for that month. What am I supposed to do? GRAPHIC | NATION

What you need to know:

  • It is not easy to lose a job especially through unfair termination like in your case. All the same, unless there was a case of gross misconduct on your part, you are entitled to be served with notice before termination.
  • You are entitled to employers’ NSSF contributions for the period of full contract and this ought to have been remitted to the agency within assigned timelines. You need to follow up on this and ensure it was done.
  • You are entitled to 21 days annual leave for each year you worked as stated in section 28 of the Employment Act. If this was not granted, you need to follow up and ask for compensation.

Q. I am from Kikuyu Town and I wanted your advice on this issue.

I worked in a certain supermarket for two years and they terminated my employment without any notice.

To make matters worse, they never paid me a single penny, even for that month. What am I supposed to do?

Please advice me. 

Thank you for your question. It is not easy to lose a job especially through unfair termination like in your case. All the same, unless there was a case of gross misconduct on your part, you are entitled to be served with notice before termination.

This, however, depends on the nature of contract you had with your employer. For you to have worked for over two years, I conclude you had a contract that would be renewable. It is highly irregular and a breach of the Kenya Employment Laws to work continuously for two years without any written contract.

You have a number of entitlements accrued to you over the two years work period:

• Be clear about the contract under which you were engaged. Any contract exceeding three months must be documented

•You are entitled to monthly salary as agreed in your contract pay for the last day worked before your termination.

•You are entitled to employers’ NSSF contributions for the period of full contract and this ought to have been remitted to the agency within assigned timelines. You need to follow up on this and ensure it was done.

•You are entitled to 21 days annual leave for each year you worked as stated in section 28 of the Employment Act. If this was not granted, you need to follow up and ask for compensation.

•You are entitled to notice before termination and since this was not granted, you can claim compensation.

 This notice would be as per your terms of contract in line with section 36 of the Employment Act.

The best way to follow up your dues is to make a written claim to your former employer and state your case. If there was a union or employee relations group, you can approach them to support your case.

You could also report your complaint to the nearest labor office and have someone arbitrate. It is important to seek justice. Do not allow someone to rob you of what is duly yours.