Employment relationships can end for many reasons, including resignation, redundancy, misconduct, poor performance or operational changes. However, ending an employment relationship requires more than simply informing an employee that their services are no longer required.
The Employment Act, 2007 provides an important legal framework for employment relationships in Kenya.
Is every termination lawful?
Not necessarily. The legality of a termination depends on the circumstances, the applicable law and the evidence available.
Depending on the reason for termination, an employer may need to demonstrate a valid reason and follow a fair process. Where termination is based on misconduct, poor performance or physical incapacity, section 41 of the Employment Act provides for an explanation of the grounds and an opportunity for the employee to respond, subject to the applicable legal requirements.
Notice requirements must also be considered. The relevant contract and statutory provisions determine the notice applicable to a particular employment relationship.
What should an employee do after dismissal?
An employee who believes that a termination was unlawful or procedurally unfair should take practical steps to protect their position.
These include:
- Keeping the employment contract, appointment letter and relevant workplace policies.
- Preserving termination letters, emails, payslips and other relevant communications.
- Recording the circumstances surrounding the decision.
- Seeking legal advice on possible remedies and applicable filing deadlines.
What should employers consider?
Employers should maintain clear employment records, communicate workplace expectations and follow lawful disciplinary and termination procedures.
A properly managed employment process can reduce disputes and support fair treatment in the workplace.
Seek legal guidance early
Employment disputes may involve questions of notice, unpaid salary, accrued leave, redundancy payments, unfair dismissal or other entitlements. Each case requires an assessment of its facts and the applicable law. Asembo and Company Advocates can provide legal guidance on employment rights, workplace disputes and employment compliance.
