Category: employment law
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Introduction Under Kenyan law, when terminating an employee, an employer must have both a valid reason for the termination and follow the fair disciplinary procedure set under the Employment Act. This helps prevent legal disputes for unlawful or unfair termination. A termination that appears commercially reasonable may still be declared unfair or unlawful if procedural…
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As more and more people embrace Artificial Intelligence (AI) and LLM automation, redundancies will soon be a workplace reality. Compounded by economic downturns, mechanical automation, declining revenue, fierce competition, and stricter regulatory compliance requirements, employers are being left with no choice but to reduce their workforce. We will use the below illustration to better explain…
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In Kenya, the Employment Act sets the minimum terms and conditions of employment and recognises different types of contracts. Each type of contract has different implications on an employee’s rights to benefits, notice, termination, and job security. Every employee is entitled to a contract of employment as a matter of right. It is therefore vital…
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Kenya’s employment and labour laws form the framework for the management of relationships between employers and employees. Both parties are endowed with legal rights and obligations that ensure fair treatment. In this article, we provide a general overview of the specific Acts of Parliament that govern the employer-employee relationship and highlight the law concerning the…
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Unfair termination is a serious issue in Kenya. Many employees face sudden job loss without proper reasons or dismissal without following the right legal procedures. In this article, we’ll break down what unfair termination means, the rights of employees, and the steps to take if you’re a victim. We aim to help you understand unfair…
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Introduction Constructive dismissal, also known as constructive discharge or constructive termination, occurs when an employee resigns because the employer’s conduct necessitates it. It occurs when an employer makes working conditions unbearable, pushing an employee to quit. In such cases, the law treats the resignation as a dismissal by the employer, allowing the employee to pursue…