Dismissed from work: what the law requires of an employer

A termination in Kenya can be unfair on its reason, on its procedure, or on both. Employers lose most often on procedure.

The two questions

Under the Employment Act, 2007 a termination must have a valid and fair reason related to the employee's conduct, capacity or the employer's operational requirements — and it must follow a fair procedure.

Fair procedure ordinarily means the employee is told the grounds in a language they understand, given a chance to respond, and allowed to have a fellow employee or union representative present at the hearing.

What is owed on exit

• Notice pay, or pay in lieu of notice
• Accrued leave not taken
• Salary to the last day worked
• Service pay where it applies, and severance in a redundancy
• A certificate of service, which the employer must issue

Redundancy has its own rules

Redundancy requires notification, selection on fair criteria, and severance pay at the statutory rate for each completed year of service. Calling a dismissal a redundancy does not make it one.

Move quickly

Claims are brought in the Employment and Labour Relations Court, and the Act sets a three-year limitation period for claims under it. Keep the contract, payslips, the show-cause letter, your response and the termination letter — the file usually decides the case.

General information, not legal advice on your matter.