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LEGAL AID: She was unfairly fired nine years ago. Can she sue?

Wednesday July 3 2019

I am writing to inquire on a case of a relative who lost her job as a school accountant after she threatened to expose corruption in the institution’s finances. PHOTO| FILE| NATION MEDIA GROUP

I am writing to inquire on a case of a relative who lost her job as a school accountant after she threatened to expose corruption in the institution’s finances. PHOTO| FILE| NATION MEDIA GROUP 

ERIC MUKOYA
By ERIC MUKOYA
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My name is Kelvin. Thank you for the good work you are doing in educating some of us. 

I am writing to inquire on a case of a relative who lost her job as a school accountant after she threatened to expose corruption in the institution’s finances. The school Board of Governors suspended her in 2010 on grounds of insubordination of the school principal.

The charges against her were fabricated after she refused to allow irregular payments for the school supplies to a company owned by the principal.

She had worked in the school for more than 20 years before this happened and losing the job in that manner meant she could not get retirement benefits. 

Due to financial difficulty, she was not able to file a suit at the labour courts back then and she was wondering whether it can be done now.

The school principal was later transferred following uproar from the students and the parents on the poor administration of the school.

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Is it still possible to seek legal help or is it now a lost cause?

Thank you in advance for any advice.

Regards, 

Kelvin 

 

Answer,

Dear Kelvin,

Your situation calls for empathy. It is unfortunate for anyone to be a victim of such circumstances.

The case finds ground in Article 47 of the Constitution, which addresses the right to fair administrative action that is expeditious, efficient, reasonable and procedurally fair.

The second ground is under Article 20 (2) which provides that every person has the right to enjoy all the rights under the Bill of Rights, unless limited by law as espoused at Article 24.

The third ground, is found in the Employment Act. While this situation raises important issues for consideration, given the information shared, the claim is time-barred.

In accordance with the law on employment, it is stipulated that an action to a contract of employment can only be brought before court within three years from the date of dismissal.

Unfortunately, your claim comes nine years later, and therefore fails the legal threshold of raising it in court. With the circumstances explained, this is a lost cause.

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Eric Mukoya is the Executive Director, Legal Resources Foundation Trust. Do you have a legal problem you would like addressed by a lawyer? Please email your queries to [email protected]  

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