Unfair Dismissal in Kenya: Legal Remedies Every Employee Should Know
Employment disputes are a growing issue in Kenya. Many workers are dismissed unfairly without due process, often unaware that they can challenge their termination legally. The Employment Act, 2007 offers clear protections.
1. What is Unfair Dismissal?
This occurs when an employee is terminated:
Without valid reason (e.g., due to discrimination or retaliation)
Without following due process (e.g., no notice or hearing)
2. Grounds for Lawful Termination
An employer may terminate based on:
Poor performance
Misconduct
Redundancy
Medical incapacity
However, procedural fairness—such as giving notice and a hearing—is mandatory.
3. Remedies for Unfair Dismissal
If found guilty of unfair termination, an employer may be ordered by the Employment and Labour Relations Court to:
Reinstate the employee
Compensate up to 12 months’ salary
Pay damages for wrongful termination
4. Steps to Take After Dismissal
Request a written dismissal letter stating reasons
Lodge a complaint with the Labour Office or your union
File a claim with the Employment and Labour Relations Court within three years
5. Legal Representation Matters
Hiring a labor law expert can help navigate negotiations or court proceedings efficiently.
this is awesome. Thanks a lot. you have given me advice I wish I had earlier.