This archive report was first published on 3 July 2019.
July 3, 2019
Eric Mukoya, Executive Director of the Legal Resources Foundation Trust, offers guidance on a case of unfair dismissal.
A school accountant was unfairly fired nine years ago after threatening to expose corruption in the institution's finances. She had worked for over 20 years before being suspended in 2010 on fabricated charges.
The charges against her were fabricated after she refused to allow irregular payments for school supplies to a company owned by the principal. The school principal was later transferred following uproar from students and parents on the poor administration of the school.
Unfortunately, the claim is time-barred. In accordance with the law on employment, an action to a contract of employment can only be brought before court within three years from the date of dismissal. With the circumstances explained, this is a lost cause.
Article 47 of the Constitution addresses the right to fair administrative action, while Article 20 (2) provides that every person has the right to enjoy all the rights under the Bill of Rights. The Employment Act also raises important issues for consideration.
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 us.
