By Soyinka Lempaa via Facebook
Now all the sackings that have taken place in the media cannot survive the rigours of the Employment Act of Kenya. The law is very strict on employers.
However, most journalists are cowards, when they are unfairly terminated, they can’t fight back with a false hope of migrating to another media house
It happened in Citizen, it happened in K24 and it is now in Nation. The beauty with the Employment Act is that it reverses the burden of proof. It only requires an employee to claim that he or she has been unfairly terminated and the burden shifts to the employer to prove that termination was fair
What most journalist do is to suspend their current right of access to justice in anticipation of current favours from employers . When I was sacked on the 6th day of July 2012 I did not hesitate. I sued and won. We are now at the court of appeal with them.
Let me put it this way, to Debarl Ineah, Ken Mijungu & Co, we have been sacked before. I was in that same newsroom in 2002 and was terminated. That time I did not have the money and information that I could sue. You cannot get a better job until you lose the one that you have .
In equity, we say equity aids the vigilant and not the insolent. If you are looking for reasons of indolence, they are so many. Sue this guy. Even if you lose, it will be in style . Make unfair labour practices expensive . Clog the system and move on with your life .