Chase Bank Manager Sues Employer for Unlawful Sacking. HR Responds

By Jane Okoth,

Getting fired is never a pleasant scenario and probably one of the worst experiences any employee would go through.

In a recent article a court blocked Chase bank from firing its manager.

The ruling was made based on the fact that the manager was able to prove before the court that her rights were violated.

She had complained of her employer taking her business card and also disconnecting her computer which she claimed threatened her banking career.

This begs the question. Which is the right, lawful and professional way to fire an employee so that she does not feel her rights are infringed?

Fridah Abuya, a Human Resource Consultant at Virtual HR sheds light on the issue.

“In Kenya we have labor laws and employment procedures that govern every company when dealing with their employees,” she says.

She further explains the 5 main reasons that would make your employer fire you.
1. Absconding of duty.
2. Negligence at work
3. Refusing to obey an employer’s command
4. Doing anything that might make an employer feel offended
5. Using abusive language

So which is actually the best way to fire an individual? I pose.

“As an employer, you are supposed to fire an employee based on sufficient evidence such as the one listed above.”

“This way, the employer is in a position to tell the employee, according to HR policy, you have violated the employment laws and therefore deserve to get fired,” she explains.

Is there a specific day, date, or time for doing this?

“It does not matter and you don’t have to select a specific day for firing. It can be Monday or Tuesday or any other day,” she answers.

Fridah says that while it is ok to give a warning to the employee, there are some instances where you are not obliged to do so.

She expounds further on the issue “There are some mistakes such as poor performance where you can be given a warning to correct your failures. As a HR, if I find that your performance is wanting, I can decide to give you the first and second warning, the third warning I will instantly fire you.”

However, an employer is also allowed to give his employee a primarily dismissal.

“A primarily dismissal means that you are not given a chance to defend yourself and the decision is final,” she explains.

She further adds that “For instance, as an employee you are supposed to carry yourself in a professional and respectable manner. If you are found fighting with one of your colleagues in the work place, this calls for instant dismissal. “

“Physical fighting is classified as a gross misconduct that can make an employer to be offended and there is no negotiation or discussion. You go home,” she warns.

Fridah also gives full clarification on the difference between a dismissal letter and a termination letter.

“The employee needs to know that a termination letter involves giving the employee a 1 month notice to leave office while a dismissal letter involves a primarily dismissal where you go without any notice.”

Fridah point out that it is the duty of an employee to know the rules and policy of the company they are working for.

“Always refer to your letter of appointment to ensure that neither your rights nor the company’s are being violated.”

Lastly what would trigger an employee to go to court on grounds of unfair dismissal?

“An employee has the right to go to court if the employer does not adhere to the terms and conditions of the appointment letter.”

She concludes by saying “before you are fired, the employer should be able to give you reasons leading to your dismissal.

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