Employment termination can be devastating. Learn about what constitutes unfair dismissal under Kenyan law, the remedies available, and the process for filing a claim with the Employment and Labour Relations Court.
Substantive and Procedural Fairness
Under Section 45 of the Employment Act 2007, an employer must prove that the termination was for a valid reason and that the employee was given a fair hearing.
What is Unfair?
- Dismissal without a valid reason (e.g., discrimination, retaliation).
- Failure to follow a proper disciplinary process.
- Dismissal for union membership or pregnancy.
Your Remedies
If you succeed, the Employment and Labour Relations Court can order Reinstatement, Re-engagement, or Compensation of up to 12 months' salary.
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