Kenya LawNational Council for Law Reporting

Results for "can my employer dismiss me without notice"

14 matching results
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Under the Employment Act, an employer must generally give written notice before terminating employment, with the required notice period depending on how pay is calculated — for example, one month's notice where wages are paid monthly. Summary dismissal without notice is permitted only in narrowly defined circumstances of gross misconduct, as set out in Section 44. Whether a specific dismissal was lawful often depends on the facts and has been the subject of interpretation by the Employment and Labour Relations Court.
Employment Act, s.35 Employment Act, s.44 [Illustrative example — interpreting case]
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Section In force

Employment Act, Section 44 — Summary Dismissal

Sets out the circumstances in which an employer may lawfully terminate employment without notice, limited to specified forms of gross misconduct...

Part VI — Termination of Employment 9 interpreting cases
Case Good law

[Illustrative example — wrongful termination appeal]

Considers whether an employer's failure to follow the notice requirements of Section 35 rendered a dismissal procedurally unfair, and the appropriate remedy where it did...

Court of Appeal [Illustrative date] Illustrative
Case Good law

[Illustrative example — summary dismissal dispute]

Examines what constitutes gross misconduct sufficient to justify dismissal without notice under Section 44, and the evidentiary burden on the employer...

Employment and Labour Relations Court [Illustrative date] Illustrative
Article In force

Article 41 — Labour Relations

Establishes the constitutional right to fair labour practices, the foundation underlying statutory protections against unfair dismissal...

Chapter Four Implemented by Employment Act

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