Under the Employment Act, 2007, every employee has the right to fair and lawful termination. Unfair termination occurs when an employer dismisses an employee without a valid reason or without following due procedure.
Procedural fairness requires that:
– The employee is informed of the reason for termination.
– They are given a fair hearing or disciplinary process.
– Termination is documented with valid evidence.
If you are dismissed without notice or valid cause, you may lodge a complaint with the **Employment and Labour Relations Court (ELRC)**. Remedies include reinstatement, compensation, or payment for notice and benefits.
Employers are also advised to document misconduct and follow due process before dismissal to avoid liability.
E. Kalulu & Company Advocates provides both employers and employees with professional representation in labour disputes, ensuring fairness and compliance with Kenyan employment law.
