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Section 44 of the Employment Act of Kenya gives guidance on summary dismissal. The law states that “Summary dismissal shall take place when an employer terminates the employment of an employee without notice or with less notice than that to which the employee is entitled by any statutory provision or contractual term.”
37. Conversion of casual employment to term contract.
The Labour Relations Act, 2007 (the Act) whose primary purpose is to regulate relations between employees and employers, including any employees' organisation, defines 'strike' as 'the cessation of work by employees acting in combination, or a concerted refusal or a refusal under a common understanding of employees to ...
State Department for Labour and Skill Development. Bishops Road, Social Security House. ps@labour.go.ke. info@labour.go.ke. complaints@labour.go.ke.
AN ACT of Parliament to consolidate the law relating to trade unions and trade disputes, to provide for the registration, regulation, management and democratisation of trade unions and employers organisations or federations, to promote sound labour relations through the protection and promotion of freedom of ...
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.
(1) An employer shall regulate the working hours of each employee in ance with the provisions of this Act and any other written law. (2) Notwithstanding subsection (1), an employee shall be entitled to at least one rest day in every period of seven days.
Jurisdiction of the Court (2) An application, claim or complaint may be lodged with the Court by or against an employee, an employer, a trade union, an employer's organisation, a federation, the Registrar of Trade Unions, the Cabinet Secretary or any office established under any written law for such purpose.
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.