Wrongful Dismissal from Work: What It Is and How to Fight It

Being dismissed from your job unfairly can feel devastating, but you don’t have to accept it quietly. In fact, wrongful dismissal is illegal, and if you’ve been fired without just cause or due process, you have the right to challenge it, seek compensation, or get reinstated.

At Ultimate Forensic Consultants, we specialize in helping employees fight wrongful dismissals, ensuring they get the justice and financial security they deserve.

This guide breaks down what wrongful dismissal is, how to identify it, and what steps you can take to protect your rights.

1. What is Wrongful Dismissal?

✅ Wrongful dismissal happens when your employer terminates your employment:

Without a valid reason.
Without following proper disciplinary or legal procedures.
In violation of your employment contract.

In Kenya, the Employment Act, 2007 outlines the rules for fair dismissal, and if your employer breaks these rules, you can take action.

2. Common Examples of Wrongful Dismissal

🚩 No Just Cause for Termination:

Fired without a valid reason (e.g., poor performance or misconduct).
Dismissed despite positive performance reviews and no prior warnings.

🚩 Lack of Due Process:

No disciplinary hearing before dismissal.
No opportunity to defend yourself against allegations.

🚩 Discrimination or Retaliation:

Fired due to your race, gender, religion, disability, pregnancy, or age.
Fired for reporting misconduct, filing a harassment claim, or whistleblowing.

🚩 Breach of Contract:

Dismissed in violation of your employment contract’s notice period, severance pay, or disciplinary procedure.

🚩 Constructive Dismissal:

Forced to resign due to unbearable working conditions (e.g., harassment or unpaid wages).

📢 Tip: If your termination falls into any of these categories, you may have a strong case for wrongful dismissal.

3. Signs You Were Wrongfully Dismissed

If you were dismissed under any of these circumstances, it’s likely wrongful termination:

✅ Sudden termination with no prior warning.
✅ No formal investigation into allegations against you.
✅ You were fired immediately after filing a complaint or taking legal leave.
✅ Your employer failed to follow internal disciplinary procedures.
✅ The reason for dismissal was vague or non-existent.

📢 Tip: Keep a record of all communication, warnings, and company policies to support your case.

4. What to Do If You’re a Victim of Wrongful Dismissal

👉 Step 1: Stay Calm and Professional
✔️ Avoid emotional confrontations with your employer.
✔️ Focus on gathering evidence and understanding your rights.

👉 Step 2: Request a Termination Letter
✔️ Ask for a formal termination letter stating the reason for your dismissal.
✔️ If your employer refuses, send a written request via email.

📢 Tip: A termination letter is a critical piece of evidence for your appeal or legal claim.

👉 Step 3: Review Your Employment Contract
✔️ Check your contract for clauses on termination, notice periods, and disciplinary procedures.
✔️ Look for any breaches by your employer (e.g., failure to give proper notice).

👉 Step 4: Gather Evidence
✔️ Collect supporting documents, such as:

Emails and performance reviews.
Attendance and payroll records.
Copies of company policies and disciplinary procedures.
Witness statements from colleagues.

👉 Step 5: File an Internal Appeal
✔️ Most companies allow employees to appeal dismissals within 5-14 days.
✔️ Write a formal appeal letter against your dismissal, explaining why the termination was unfair.

5. Sample Appeal Letter for Wrongful Dismissal

[Your Name]
[Your Job Title]
[Company Name]
[Company Address]
[Date]

To: [HR Manager’s Name]
[Company Name]

Subject: Appeal Against Wrongful Dismissal

Dear [HR Manager’s Name],

I am writing to formally appeal my dismissal from [Company Name] on [Date of Dismissal]. I believe the decision was wrongful, and I am requesting a fair and impartial review of my case for the following reasons:

1️⃣ Lack of Due Process: I was not given a disciplinary hearing or an opportunity to respond to the allegations before my termination. As per the company policy and Section 41 of the Employment Act, I am entitled to a fair hearing.

2️⃣ Insufficient Evidence: The reason for my dismissal—[State the Allegation]—was based on incomplete information. I have attached supporting documents that clarify my role in this matter and demonstrate that my actions were within company policy.

3️⃣ Breach of Contract: My termination did not adhere to the notice period outlined in my employment contract, nor was I offered payment in lieu of notice.

I respectfully request that my dismissal be reconsidered, and I am open to discussing alternative resolutions such as reinstatement or a mutual separation agreement.

Thank you for your time and attention to this matter. I look forward to your response.

Sincerely,
[Your Signature (if printed)]
[Your Full Name]
[Your Contact Information]

📢 Tip: Attach any supporting evidence, such as emails, performance records, and witness statements, to strengthen your case.

6. If Your Appeal is Denied: Take Legal Action

✅ Option 1: Negotiate a Settlement or Mutual Separation Agreement
✔️ Request severance pay or financial compensation.
✔️ Ask for a neutral reference to protect your future job prospects.

✅ Option 2: File a Claim with the Employment and Labour Relations Court (ELRC)
✔️ The ELRC can:

Order your reinstatement.
Award compensation for lost wages and damages.
Impose penalties on your employer for violating labor laws.

📢 Tip: The ELRC has jurisdiction over unfair dismissal cases in Kenya—you don’t need to go through your employer’s internal process if they refuse to cooperate.

7. Protect Your Career After a Wrongful Dismissal

✅ Request a Positive or Neutral Job Reference:
✔️ As part of your appeal or settlement, ask your employer to provide a neutral reference (avoiding negative remarks).

✅ Update Your CV & LinkedIn Professionally:
✔️ Avoid mentioning the dismissal on your CV.
✔️ If asked in interviews, say:

“I left due to a difference in expectations with my previous employer.”
“I am seeking new opportunities that align with my skills and values.”

✅ Network and Seek Legal or Career Advice:
✔️ Reach out to industry connections for new job leads.
✔️ Consult HR and legal experts before signing any severance agreements.

8. How Ultimate Forensic Consultants Can Help You

At Ultimate Forensic Consultants, we’re here to help you fight wrongful dismissal. We offer:

🛡 Drafting Strong Appeal Letters: We’ll highlight procedural errors and build a solid defense.
🛡 Gathering & Analyzing Evidence: We’ll make sure your case is backed by undeniable proof.
🛡 Representing You in Appeal Hearings: Our experts can advocate for you and ensure fair treatment.
🛡 Filing Legal Claims for Unfair Dismissal: We’ll take your case to the Employment and Labour Relations Court if necessary.
🛡 Negotiating Settlements & Compensation: Whether you want your job back or fair compensation, we’ll fight for your best interests.

📞 Fired unfairly? Let us help you get justice! Contact Ultimate Forensic Consultants today!

9. Conclusion

Wrongful dismissal from work is not just unfair—it’s illegal. Whether you want your job back, a financial settlement, or just to clear your name, you have options. Gather evidence, appeal professionally, and seek legal support if needed.

📞 Need expert help with your wrongful dismissal claim? Contact Ultimate Forensic Consultants today!

FAQs

1. How long do I have to challenge a wrongful dismissal in Kenya?
✅ You have three years to file a claim with the Employment and Labour Relations Court.

2. Can I get my job back after a wrongful dismissal?
✅ Yes! Courts can order reinstatement, compensation, or both.

3. What if my employer refuses to give a termination letter?
✅ You can still file a claim—document all communication and use it as evidence.

📢 Let’s fight unfair dismissals together—reach out to Ultimate Forensic Consultants today!