Every employer has a right to hire and fire an employee however termination has to be done legally in accordance with the law.
Laws applicable
As much as the employer has a right to terminate employees services, the law provides an employee benefits for his or her termination or dismissal that the employer must pay. Ie termination notice or payment in lieu of notice, un paid leave if any, unpaid social security contribution if any if any, savings if any, severance pay, repatriation, arrears, special damages, unpaid salary if any among others.
Any employee whose services are terminated by the employer in total disregard of the law has aright to recover compensation for the same from the employer in accordance to the law.
Below is how such an employer or former employee may recover the same.
Obtain copies of documents showing that you have been an employee for that employer and your services have been terminated.
Find a lawyer and Seek legal guidance from him or her.
Depending on the guidance.
a demand notice cum notice of intention to sue with specific demand should be written and issued to the employer.
Incase the employer does not honour the same, write compliant to the labour inspector at the district where you have been employed or where the employer is situated.
The labour inspector will go through your complaint and if it does not contain aclaim you will be requested to file the same.
The labour inspector shall then summon the employer to respondent to your claim/compliant.
A hearing date shall be set for your claim to be heard where you with your lawyer if any must appear and argue your claim/complaint at labour inspector.
After the labour inspector hearing both sides he will issue an award in respect to your claim.
The employer shall then comply with that award accordingly.
Where the employer does not comply with the award proceed to enforce the same against the employer.
Any party dissatisfied with the decision of the labour inspector has to file an appeal to Labour Court which shall hear and determine the appeal.
NOTE: whereas the author has made necessary efforts to ensure the accuracy of this post, it is not intended to provide specific legal advice to a particular individual as individual situations may differ
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Author: Okumu Martin
A regional transaction legal consultant (ADVOCATE) at NOA REGIONAL ASSOCIATED ADVOCATES AND LEGAL CONSULTANTS.
© Copyright 2022 okumu martin
