No benefits after summary dismissal

Claris Ogangah

From your question it seems you have been summarily dismissed.

The Employment Act at section 44 (1) defines what a summary dismissal is and states that it takes place "when an employer terminates a contract without notice".

Sub-Section three provides that an employer may summarily dismiss an employee when the employee has by his or her conduct indicated that he/she has breached obligations under the contract of service.

The reasons given for summary dismissal include but are not limited to:

• Absenting oneself without leave.

• Being drunk during working hours rendering one unwilling or incapable of performing work.

• Carelessly and improperly performing any work, which under the contract, require her to have performed carefully and properly.

• Using abusive or insulting language, or behaves in a manner insulting, to employer or to a person placed in authority over him/her by the employer.

• Knowingly failing or refusing to obey a lawful and proper command.

You indicated that you used Sh2,000 belonging to your employer without permission. This means that you committed a criminal act, which could ideally be termed as theft by servant. Your employer entrusted you with company property (money in this case). And as an employee, you owed a duty to your employer to use the money for the purpose it was intended.

Indeed Section 281 of the Penal Code provides for penalty for theft by servant and provides that you are liable to be imprisoned for about seven years.

The issue herein is not that you returned the money because whether you returned it or not is irrelevant. The issue is you misused your employer’s property entrusted with you.

Summary dismissal is an easy way out for you otherwise you would have faced criminal proceedings in court.

Secondly, you indicated that you have not been paid gratuity. When an employee is summarily dismissed she is only entitled to leave days, as the dismissal does not allow for notice to be given.

It is unfortunate that after misusing your employer’s property you still expect to be paid gratuity.

You should not expect to benefit or gain from your own mistake. Again, the Employment Act is not a special law that only protects employees but it also protects the employers.

Count yourself lucky you do not have a criminal case and take it as a lesson learnt never to misuse property entrusted to you as an employee.