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…
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…
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…