Labour Laws in Kenya
Termination Of Employment
An employment contract, as stipulated under the Employment Act, can be terminated in two ways. First, an employer can give the employee a notice of intention to terminate the contract. Secondly, an employee can give the notice to terminate their contract or resign.
Thirdly, a contract can be terminated through an agreement between the employer and the employee e.g. at the end of an internship. And lastly, a contract can be terminated automatically in circumstances such as death or loss of business for the employer.
unfair termination of employment
In order for termination to be fair in the eyes of the law, it has to be both substantively and procedurally fair. Failure of an employer to follow the due procedure on termination, that amounts to unfair termination.
An employer is expected to provide the reasons for the termination, otherwise, it will be termed unfair according to section 45 (2). The law demands that an employee is given an opportunity to be heard before a termination decision is taken against them as provided in section 41 (2).
Failure to follow the procedure will amount to a summary dismissal, meaning an employee is terminated without being availed of an opportunity to defend herself/himself before a fair disciplinary committee. In the Kenya labour laws, as provided by the Employment Act, summary dismissal amounts to an unfair termination with consequences. This is specified in section 47 and 49 (1) & (3).