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Discussion in 'Jukwaa la Sheria (The Law Forum)' started by Magpie, Feb 23, 2010.

  1. Magpie

    Magpie Member

    Feb 23, 2010
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    Learned Brothers and Sisters, i have an issue in which your opinions will be of a great help, the issue is if an employee claims his/her terminal benefit does it imply that he/she has agreed with the termination ?

    NB; the issue is pending before the Court of law.
  2. bht

    bht JF-Expert Member

    Feb 23, 2010
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    ningepata maelezo zaidi ya hiyo case yako ingekuwa bomba lakini kukubali terminal bebefit hakumfanyi mwajiriwa kushindwa kuchalenji procedure mlizotumia kumsimamisha kazi
  3. Nyuki

    Nyuki JF-Expert Member

    Feb 23, 2010
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    inakuwaje employee anadai terminal benefit wakati hajakuwa terminated?maana huwezi kudai terminal benefit wakati wa suspension?

    Labda uje na kisa kizima hapa jamvini.
  4. bht

    bht JF-Expert Member

    Feb 23, 2010
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    hatupi picha kamili kwa hiyo na yeye asitegemee mwongozo kamili hapa......
  5. Theodora

    Theodora JF-Expert Member

    Feb 23, 2010
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    Please elezea in detail ili tukusaidie. Terminal benefits is the right of an employee, but that does not take away his right of proceeding to contest the termination as being unfair...the burden of proof will remain to the employer. Was due process followed ?- procedure and reason...
  6. ngoshwe

    ngoshwe JF-Expert Member

    Feb 24, 2010
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    Is His/She claiming for terminal benefits or challenging the validity of termination?...and what is the issue b4 the Court? and what are the remedies in his/her prayers?...
  7. mayenga

    mayenga JF-Expert Member

    Feb 24, 2010
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    The facts of your case does not give a full picture to what transpired,on the other hand if it is the bare question.Iam at a position to answer you,though alternatively as follows;
    a) If the case is pending before the court of law, and the employee is demanding terminal benefits,under the circumstances if the employee was terminated in either way as enshrined by labour laws, terminal benefits must be one of the prayers(relief sought),under which the court is invited to determine.
    b)If the employee in his/her own volition,has terminated the contract,then the demand of terminal benefits will depend on the nature of the reasons of the termination of the contract by the employee.