Document text
BY E-MAIL AND HAND DELIVERY / REGISTERED POST
Date: [DD/MM/YYYY]
From:
[YOUR FULL NAME]
ID No. [NATIONAL ID NUMBER]
Former [JOB TITLE], Staff No. [STAFF NUMBER]
[POSTAL ADDRESS / TOWN]
[PHONE NUMBER] · [E-MAIL ADDRESS]
To:
[EMPLOYER'S FULL NAME — COMPANY OR PERSON]
Attn: [MANAGING DIRECTOR / HR MANAGER / PROPRIETOR — NAME]
[POSTAL ADDRESS / PHYSICAL ADDRESS]
[E-MAIL]
Subject: Demand for terminal dues, certificate of service and compensation for unfair termination of my employment on [DATE OF DISMISSAL]
Dear Sir/Madam,
1. I was employed by you as [JOB TITLE] at [PLACE OF WORK] from [DATE EMPLOYMENT STARTED] [under a written contract dated DD/MM/YYYY / without a written contract]. My last gross monthly salary was KES [GROSS MONTHLY SALARY], paid [MONTHLY / WEEKLY / DAILY].
2. On [DATE OF DISMISSAL] my employment was terminated [by a letter dated DD/MM/YYYY / verbally by [NAME AND POSITION] / by being told not to report to work]. The reason given was [REASON GIVEN / "no reason was given"].
3. The termination was unfair. Before terminating employment on grounds of misconduct, poor performance or physical incapacity, an employer must explain the reason to the employee in a language the employee understands, allow the employee to have a colleague or union representative present, and hear and consider the employee's representations (section 41 of the Employment Act, 2007). [I was not given any hearing. / I was not told the reason. / I was not allowed to respond to the allegations.] An employer must also prove that the reason for termination was valid and fair and that a fair procedure was followed (sections 43 and 45). [IF APPLICABLE: I was not given the notice required by section 35(1)(c) of the Act or my contract, or pay in lieu of notice (section 36).]
4. The following amounts are due to me:
# Item Basis Amount (KES)
1 Salary for days worked in [MONTH] not paid [NUMBER] days [AMOUNT]
2 Pay in lieu of notice [ONE MONTH / NOTICE PERIOD IN MY CONTRACT] — sections 35(1)(c) and 36 [AMOUNT]
3 Untaken annual leave [NUMBER] days — section 28 (21 working days per year; 1¾ days per completed month in the leave year) [AMOUNT]
4 Service pay / gratuity (if applicable) [NUMBER] years × [DAYS] days' pay — section 35(5) / [CONTRACT OR CBA CLAUSE] [AMOUNT]
5 [OVERTIME / HOUSE ALLOWANCE / UNREMITTED NSSF OR SHIF DEDUCTIONS / OTHER] [BASIS] [AMOUNT]
6 Compensation for unfair termination up to 12 months' gross salary — section 49(1)(c) [AMOUNT CLAIMED]
Total [TOTAL]
5. Certificate of service. You are required by section 51 of the Employment Act to issue me with a certificate of service upon termination, showing your name and postal address, my name, the dates my employment started and ended, and the nature and usual place of my employment. Failure to issue it is an offence under section 51(4). I request it without any conditions.
6. Report to the labour officer. Where employment is terminated by dismissal, the employer must, within seven days, deliver to the labour officer a written report of the circumstances and reasons for the dismissal (section 18(5)(b)). Please send me a copy of the report you delivered.
7. I therefore demand that within [7 / 14] days of receipt of this letter you:
a) pay me the total of KES [TOTAL] to [M-PESA NUMBER / BANK, ACCOUNT NAME AND NUMBER];
b) issue my certificate of service;
c) give me a written statement showing how my final pay was calculated and every deduction made; and
d) [RETURN MY ORIGINAL CERTIFICATES / OTHER PROPERTY].
8. If you do not comply, I will, without further notice, lodge a complaint with the labour officer under section 47 of the Employment Act and/or file a claim in the Employment and Labour Relations Court, and seek all remedies available under section 49, together with costs and interest.
9. I remain open to meeting you to settle this matter. You may contact me on [PHONE] or [E-MAIL]. All my rights are reserved.
Yours faithfully,
______________________________
[YOUR FULL NAME]
Attachments (copies):
1. Appointment letter / contract dated [DD/MM/YYYY] (or payslips / M-Pesa salary records showing the employment)
2. Termination letter or message dated [DD/MM/YYYY]
3. Last three payslips
4. [LEAVE RECORD / NSSF AND SHIF STATEMENTS / OTHER]
NOTES BEFORE SENDING — delete this part
Three months for the labour officer. A complaint to a labour officer about summary dismissal or unfair termination may be presented within three months of the date of dismissal (section 47(1)). Do not let this letter run past that date — the labour officer complaint can be filed while you wait for the employer.
Three years for the court. A claim based on the Employment Act or a contract of service must be commenced within three years after the act complained of (section 89 of the Employment Act in the current Kenya Law edition — the same provision is cited as section 90 in older texts and judgments). For a continuing injury the period is twelve months after it ends.
Probation: if you were dismissed during a probationary contract, the section 41 hearing does not apply (section 42(1)) and a complaint under section 47 cannot be made (section 47(6)). You can still demand unpaid salary, leave and your certificate of service.
Notice: for monthly-paid employees the minimum is 28 days' written notice (section 35(1)(c)) unless your contract gives more; it can be replaced by pay in lieu (section 36).
Service pay under section 35(5) does not apply if you were a member of NSSF, a registered pension or provident fund, or a better scheme under a CBA or the employer (section 35(6)). Delete row 4 if this applies to you.
Compensation of up to twelve months' gross salary (section 49(1)(c)) is the maximum a labour officer can recommend, not an automatic amount. Claim what is reasonable for your length of service and circumstances.
At the labour officer no advocate may represent either party, but a party may be assisted or represented by an official of a trade union (or, for the employer, of an employer's organisation) (section 48).
Keep proof of delivery: a stamped copy, the courier or postal receipt, or the sent e-mail.
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