7 Common Mistakes Kenyan Employees Make From an Employment Lawyer

Under the Kenyan Labour laws, burden of proving termination of employment was unfair, lies on the employee, the employer only comes in to justify. This means you have to have evidence before instituting a suit in court. Unfortunately, with no evidence you will have more difficulty to prove your case. As a lawyer who handles employment matters, I will share 7 common mistakes most employees make.

1. Failing to have any kind of evidence that they are under employment with the employer.

Most employees do not have contracts, their employers are not paying for payee, NHIF and NSSF and are receiving their salary in cash. This means that proofing you were an employee will be hard. And remember, to seek for any dues from your employer you must first prove you were actually an employee.

2. Failing to have Written communication evidence i.e emails

It is important as an employee to ensure your communication with your employer is written. This way if you need to prove anything you will have evidence. Proving an oral communication is hard if it is not backed with evidence.

3. Failing to be prepared incase of unfair termination or summary Dismissal

It is important to always expect the best but prepare for the worst. As an employee always be prepared incase of unfair termination or summary dismissal by having evidence incase anything happens, because as I have stated burden of proving unfair termination or summary dismissal is on you not your employer.

4.Delaying to seek legal action incase of unfair termination or summary dismissal

Legally you have three years to institute an employment matter within 3 years upon termination. If you delay to bring your suit unless you have a good legal reason you will be barred from suing your employer.

5. Failing to understand your rights as an employee under the law.

There are many employees who do not know their rights under the law, like right to be consulted incase of salary reduction, the right not to be demoted unfairly e.t.c. As a result, they do not know that they can seek legal reprieve.

6. Failing to consult a lawyer during an internal disciplinary process

It is important to consult a lawyer during this process to ensure incase this ends up being a termination, you have enough evidence to seek compensation.

7. Signing agreements upon termination preventing them from suing their employer

There are employers upon termination that will give you an agreement mostly in exchange of your terminal dues.

Ruth Tanui is an advocate of the high court of kenya and the founder and managing partner of Ruth Tanui and Company Advocates.

If you need any further clarification or to seek consultation you can contact us through 0714457082 email: info@ruthtanuiadvocates.co.ke and you can also check out our website at www.ruthtanuiadvocates.co.ke . .

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