Jira & Confluence 
Bitrix24 Employment Act, 2007 · Sections 41, 47, 49, 51
Dismissed and your terminal dues not paid? — demand letter ready, deadlines counted
Short answer. The demand letter is already open below: fill in your dates and the amounts owed and send it to your former employer. Hearing before termination for misconduct, poor performance or incapacity: Reason explained in a language you understand; a colleague or union representative may be present; your representations heard (Employment Act, s.41).
- Employer's written report on your dismissal due to the labour officer: within 7 days: type the date
- Last day to complain to a labour officer: 3 months: type the date
- Last day to file a claim in the Employment and Labour Relations Court: 3 years: type the date
Check your own case.
Section 18(5)(b) of the Employment Act, 2007: on dismissal the employer shall, within seven days, deliver a written report to the labour officer. Section 47(1): a complaint to a labour officer within three months of the date of dismissal. Section 89 (cited as section 90 in older texts): civil proceedings within three years after the act complained of; for a continuing injury, twelve months after it ends. We count calendar days and months and do not move dates that fall on a weekend or public holiday.
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Start with the date you were dismissed — the 3-month labour officer deadline is the one people miss.
Put each amount on its own line with how you calculated it. A clear table is easier for the employer to pay and for the labour officer to check.
An illustrated character, not a lawyer.
Deadlines
The rules, with the source
| What | Deadline | Source |
|---|---|---|
| Hearing before termination for misconduct, poor performance or incapacity | Reason explained in a language you understand; a colleague or union representative may be present; your representations heard | Employment Act, s.41 |
| Proof of reason and fair procedure | On the employer; otherwise the termination is deemed unfair | s.43(1), s.45(2) |
| Notice for monthly-paid employees | 28 days in writing, or longer under the contract; or pay in lieu | s.35(1)(c), s.36 |
| Annual leave | At least 21 working days per 12 months; 1¾ days per completed month if employment ends during the leave year | s.28(1) |
| Service pay | For every year worked — not if you were in NSSF, a pension/provident fund or a better scheme | s.35(5)–(6) |
| Employer's report on dismissal | To the labour officer within 7 days | s.18(5)(b) |
| Certificate of service | On termination (if employed 4 weeks or more); failure is an offence — fine up to KES 100,000 and/or 6 months | s.51 |
| Complaint to a labour officer | Within 3 months of the date of dismissal | s.47(1) |
| Remedies a labour officer can recommend | Notice pay, wages due, up to 12 months' gross salary; or reinstatement / re-engagement | s.49(1), (3) |
| Claim in court | Within 3 years after the act complained of | s.89 (formerly s.90) |
Section numbers follow the Kenya Law consolidated edition of the Employment Act (Cap. 226) as at 26 April 2024, where the limitation period is section 89; many judgments and older copies cite it as section 90. Probationary employees: section 41 does not apply (s.42(1)) and no section 47 complaint lies (s.47(6)).
Step by step
What to do, in order
1
Write down the date
The day you were dismissed starts both deadlines: 3 months for the labour officer, 3 years for the court.
2
List what you are owed
Unpaid days, notice pay, leave days, service pay if you were not in NSSF, other allowances. Use your payslips.
3
Fill in and send the letter
Deliver it by hand and get a stamped copy, or send it by registered post and e-mail. Give 7 or 14 days to pay.
4
Ask for your certificate of service
It is required by law on termination. The letter asks for it without conditions.
5
Go to the labour officer in time
No answer or no payment? Lodge a complaint at the county labour office before the 3 months run out — you can do it while you wait.
6
Court as the next step
The Employment and Labour Relations Court hears claims within 3 years of the dismissal.
Questions
Is a demand letter required before going to the labour office?
The Act does not require one. It is useful because it puts your claim and amounts on record and gives the employer a chance to pay. But do not let it delay your labour officer complaint past the 3 months.
My employer refuses to give me a certificate of service until I sign a clearance form. Is that allowed?
Section 51 says the employer shall issue a certificate of service upon termination if you worked four weeks or more. The Act does not make it conditional, and wilful or negligent failure to issue it is an offence.
How much compensation can I get?
A labour officer can recommend up to twelve months' gross salary for unfair termination, plus notice pay and wages due. Twelve months is the maximum, not the usual amount — it depends on your case.
Official sources
Other documents
Keep the papers in one place
Letters, receipts and notices in one folder you can share with family or a lawyer. The templates and the editor are free; Layers is free for up to 20 people.
This is a ready document and a deadline calculation, not legal advice.