Summary dismissal can only be lawful and justifiable if the conduct resulting in dismissal falls within the Act's definition of gross misconduct. Therefore, the termination of an employee has to be both substantively and procedurally fair, failure to which such termination will be considered as unlawful and unfair.
State Department for Labour and Skill Development. Bishops Road, Social Security House. ps@labour.go.ke. info@labour.go.ke. complaints@labour.go.ke.
All Labour Disputes are settled through Conciliation process as follows: - Individual Complains/ non-union complainants The complaint is reported to the area Labour Officer and registered in a prescribed Form-LD 64 after the complainant has been interviewed.
Shift work is regulated, and regular workdays are Monday to Friday, 8 hours per day, with an additional 5 hours on Saturdays as specified by sector-specific orders under the Regulations of Wages and Conditions of Employment Act.
1) The Employment Act, Cap 226; 2) The Regulation of Wages and Conditions of Employment Act, Cap 229; 3) The Trade Unions Act, Cap 233; 4) The Trade Disputes Act, Cap 234; 5) The Factories and Other Places of Work Act, Cap 514; and 6) The Workmen's Compensation Act, Cap 236.
If the dispute once again fails to be resolved, the case can be taken to the Labour Court; however, depending on the complexity of the case, there are some disputes that can be taken directly to the Labour Court. The Labour Court is unique in the fact that it has a status akin to that of the High Court.
Process: Employment litigation typically follows a defined procedure: Filing a Claim: The aggrieved employee files a formal complaint with the relevant authority, often the Employment and Labour Relations Court (ELRC) in Kenya. Defense: The employer responds to the claim, outlining their position on the matter.
State Department for Labour and Skill Development. Bishops Road, Social Security House. ps@labour.go.ke. info@labour.go.ke. complaints@labour.go.ke.
The purpose of the Act is to- a. define and declare the fundamental rights of employees; b. provide basic conditions of employment of employees; c. regulate the employment of children.
Unfair Termination in Kenya When an employer terminates an employee's contract without proper cause, due process, and/or in contravention of the Kenya employment laws, it is considered unfair termination. The Court of Appeal in Civil Appeal No. 31 of 2015 between Kenfreight (E.A.) Limited versus Benson K.