Employment Law A Guide To Dismissals in Kenya Brochure
Employment Law A Guide To Dismissals in Kenya Brochure
Employment Law A Guide To Dismissals in Kenya Brochure
DIMISSALS IN
KENYA
Medical Poor
Performance Misconduct Redundancy
Incapacity
The Employment Act provides that an employer cannot dismiss an employee on the basis of:
A female employee’s Taking leave, or the An employee’s Participation or proposed Seeking office as, or
pregnancy, or any proposal to take leave, to membership or participation in the activities of acting or having acted in
reason connected which he/she was entitled proposed membership a trade union outside working the capacity of, an officer
with her pregnancy to under the law or the of a trade union hours or, with the consent of the of a trade union or a
employment contract employer, within working hours workers’ representative
If the Labour the wages which the employee would have earned had the employee
Courts or the been given the period of notice to which he/she was entitled;
labour officer find
that a dismissal
is unfair, it may damages for any loss suffered as a result of the dismissal;
award:
12 months’ salary;
reinstatement; or
STEP ONE
Notice of intended redundancy to employee/trade union
The notice should include the reasons for and extent of the
redundancy and should not be less than one month. The
notice period of one (1) month cannot be paid off in lieu.
If the employee is unionised this notification should be
served to the trade union. If the employee is not unionised
the notice should be served directly to the employee.
STEP TWO
Notice of intended redundancy to the Labour Officer
This notice shall notify the labour officer of the intended
redundancy and shall be served not less than one month
prior to the intended redundancy and termination of the
employee’s contract.
1 2 3 4
Notification Consultation Selection Payment
requirements Criteria of dues
Employer must Employer must engage An employer must An employer must settle
issue a notice of the the employees before make sure that the any accrued leave days,
intended redundancy, terminating them on selection is fair and notice period pay and
one month prior account of redundancy. objective. The criteria also grant severance
should be objective, pay (calculated at a rate
not subjective because of not less than fifteen
objectivity is central to days pay for each year
the selection criteria. of completed service).
EXAMPLES OF GROSS
MISCONDUCT
In terms of section 44(4) of the
Employment Act, the following are
considered gross misconduct as:
Imprisoned or remanded Refusal to work
for more than 14 days. or carelessness.
Insubordination.
Verbal, physical,
or sexual abuse.
DISCLAIMER
This guideline sets out our opinion on certain
matters of Kenyan law as at the date of publication,
being 5 May 2022. Subsequent changes in the law
may affect the opinions set out herein.
We have not made any investigations of, and do not
express any opinion on, any law other than Kenyan
laws or on any matters of a specific nature. Please
note that difference in facts and circumstances
A termination A certificate may affect our analysis and opinions as they are
letter of service based on current law, practice, and interpretations
of the KRA as we understand it as at the date of this
questionnaire. We shall not accept any duty of care
(whether in contract, tort (including negligence) or
otherwise) with respect to this questionnaire.
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2021
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2022
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PLEASE NOTE
This information is published for general information purposes and is not intended to constitute legal advice.
Specialist legal advice should always be sought in relation to any particular situation. Cliffe Dekker Hofmeyr
will accept no responsibility for any actions taken or not taken on the basis of this publication.
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