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Fired by employer and no reason given. What recourse is available?
Wiztec
#21 Posted : Monday, December 19, 2011 10:47:08 AM
Rank: Member


Joined: 10/22/2008
Posts: 87
@Maitu, as an employer i kind of feel you did not take your work seriously, i think you should have redone the temporary one until things are sorted, plus in one of your updates you say you decided to go home since you had other matters to attend to. am sure this was against your employers wishes, i think you need to think through this carefully and make correct judgement as per what i see here is rudeness from an employee, this should never be tolerated in work place, i suspect they must have used you to be an example to other employees who might think they are indispensable. i have a feeling you will loose this case in court with/out good lawyer.

I suggest you run your business and see how it is hard to employ humans, you will soon understand why they fired you. rgds
Maitu
#22 Posted : Monday, December 19, 2011 1:09:05 PM
Rank: New-farer


Joined: 5/20/2011
Posts: 67
Location: Nairobi
@wiztec:if u read my intro post well u will c that i have been willing 2 us the temp permit from the time i went there.its only until aug when the latter was xpiring that they refused to pay for a new one.they said i was to b given an extension pass.this did not come to pass hence the xpiry of the temp permit that i was already possesing.the same immigration officer who was to issue me with the extension was the same guy who stamped an extension allowing me to exit.
Maitu
#23 Posted : Monday, December 19, 2011 1:15:32 PM
Rank: New-farer


Joined: 5/20/2011
Posts: 67
Location: Nairobi
As pertains to my going home i had already filled in a 5day leave request to attend to some matters @ home.i usually planned my leave to coincide with the temp permit exits as even if i exited 1wk after obtaining the 2mnth temp permit i would have to renew it again
Wendz
#24 Posted : Monday, December 19, 2011 4:46:53 PM
Rank: Elder


Joined: 6/19/2008
Posts: 4,268
@maitu

what does your staff manual/handbook say about "absconding" duties? your action could be construed to be it. It might be tough trying to sue them... you could try but it might end up being more expensive and drag for years.

If you ask me, i'd have said there was a better way of sorting out the problem instead of going through the route you took... like getting the organisation to meet the costs of your exit-re-entry including the days this will take... i.e, the days you take to sort out the issue should have been at the employer's expense. Or before the issue is settled, you ask for a desk in the nairobi office.

what's the progress of the demand so far?
Maitu
#25 Posted : Monday, December 19, 2011 7:48:58 PM
Rank: New-farer


Joined: 5/20/2011
Posts: 67
Location: Nairobi
@wendz:since i officially moved to tz in may last yr,the co would reimburse me all the expenses related to the exits in relation to the permit renewal.this included accomodation,meals,temp permit fee,ticket.however,in april&june they did not reimburse me.my contract explicitly outlines that the company was to get me the work permit as required by the tz laws
Maitu
#26 Posted : Monday, December 19, 2011 7:53:39 PM
Rank: New-farer


Joined: 5/20/2011
Posts: 67
Location: Nairobi
As pertains to me working in nairobi,i had been requesting for a company laptop for more than 1yr but nothing was forthcoming.i was also not getn allocated a desktop here.the demand period should b xpiring this fri.will post here the response.
Drunkard
#27 Posted : Monday, December 19, 2011 10:04:03 PM
Rank: User


Joined: 5/3/2011
Posts: 559
@ Maitu
I hate to tell you this but companies fire people for very few reasons, as a matter of facts companies will do anything to keep a good employee, so I am sure they fired you because, they do not need your skills or you're those kind of people whose troubles cannot be match by contribution.

Go find another job, they don't want you there and they have a right to fire you without explaining. If you mom tell you everyday that you're great, don't believe it she is your mom, nobody owe you a job so you know!
Maitu
#28 Posted : Tuesday, December 20, 2011 11:16:25 AM
Rank: New-farer


Joined: 5/20/2011
Posts: 67
Location: Nairobi
@drunkard:having been in the corporate field and moreso workn in tz,i do know that.anyhow,the same company had me sponsored in the employee high potential program as well as the female empowerment program.so for me i still read malice.i will go on with the legal procedures against them till the very end.
accelriskconsult
#29 Posted : Tuesday, December 20, 2011 11:29:15 AM
Rank: Member


Joined: 4/2/2011
Posts: 629
Location: Nai
Maitu you have a very good case. Those in the know will agree with you that working in a foreign country without the requisite papers is a no no as you will be subjected to all sorts of harassment. Again having to renew your work papers every odd week amounts to mental persecution.
Wiztec
#30 Posted : Tuesday, December 20, 2011 2:03:58 PM
Rank: Member


Joined: 10/22/2008
Posts: 87
@Maitu, I agree with you to follow your concscience when it comes to sueing your employer, however based on my experience with employees you might not be the beneficiary of such litigation for one the company has financial muscle to pay legal for such issues without feeling a pinch while this would erode your hard earned savings. Two its not worth it fighting for a few millions of shillings through court cases i have always believe that if a company retains you with x amount of salary it means you are giving them at least x times 5, meaning if you realize your real potential you can do better elsewhere including doing business since you already doing business pls keep it up and forget about these frustrations.

I have read your various sentiments and their is this issue you keep raising that you are a woman so you have advantage, kindly forget about these gender stuff they don't help and don't add value when it comes to doing business, you either can perform or cant... i have always believe that both men and women are equal and i love my wife for enshrining the believe in me.

You have made great strides by starting a business kindly concentrate on it. This is my personal take.
accelriskconsult
#31 Posted : Wednesday, January 11, 2012 10:34:21 AM
Rank: Member


Joined: 4/2/2011
Posts: 629
Location: Nai
Maitu wrote:
@kwanini:i got a com based lawyer.he already written them a demand letter.now waiting for the 14day notice period to lapse & if no response we sue



Did your employment contract state that you could be required to proceed to work in a foreign country? If not, your employer contravened sec 86 of the Employment Act.
StatMeister
#32 Posted : Sunday, January 22, 2012 11:49:34 AM
Rank: Veteran


Joined: 5/23/2010
Posts: 868
Location: La Islas Galápagos
@maitu, I feel for you.
A bad day fishing is better than a good day at work
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