What constitutes unfair dismissal from work in Kenya?

Unfair dismissal may take the following forms.<br />1. Failing to follow proper procedure in dismissal. This involves not providing warnings to the employee prior to dismissal.<br />2. Dismissal based on aspects such as race, gender, religion, age, marital status, religion as well as disability.<br />3. Termination of employment on grounds of employee taking maternity leave.<br />4. Dismissing employee without lawful reason.<br />5. Dismissal for exercising a statutory right e.g. right to join a trade union.<br /><br />Anyone who believe they have been unfairly dismissed can seek redress though the legal system.<br /><br />Possible remedies include:<br />1. Reinstatement.<br />2. Re-employment.<br />3. Compensation.

Unfair dismissal in Kenya is governed by the Kenyan Employment Act. The Act outlines the conditions under which an employee can be terminated and what constitutes unfair dismissal. Below are situations that may constitute unfair dismissal in Kenya:<br />i. Unlawful Discrimination: Dismissing an employee on the grounds of their age, race, gender, religion, disability, or any other protected characteristic is considered unfair dismissal.<br />ii. Summary Dismissal without Cause: Employers are not allowed to terminate an employee without a valid reason.<br />iii. Redundancy Process Violations: If an employer does not follow proper procedures when declaring an employee redundant, it could lead to an unfair dismissal claim.<br />iv. Violation of Statutory Rights: Dismissal in violation of an employee's statutory rights, such as maternity leave or sick leave entitlements, may be considered unfair.<br />v. Constructive Dismissal: Constructive dismissal occurs when an employee is compelled to resign due to the employer creating an intolerable work environment, such as persistent harassment or changes in terms and conditions without consent.<br />vi. Breach of Contract: If the dismissal breaches the terms and conditions of the employment contract, it may be considered unfair. <br />vii. Failure to Follow Due Process: Employers are expected to adhere to established disciplinary procedures when dismissing employees. <br />viii. Retaliation: Dismissing an employee in retaliation for exercising their rights, such as making a complaint about workplace conditions can be deemed unfair.

Unjust dismissal is the unjust and improper dismissal of a employee from their job in violation of their legal rights and the principle of fairness outlined in kenyan labour laws.The Kenya Employment Act,2007 provides for basic conditions of employment to employees and govern the termination and dismissal of employees. In Kenya,unfair dismissal constitutes:I.Breach of employment contract. II.Constructive dismissal -Creating a hostile environment to force an employee to resign. III.Failure to follow due process of terminating the employee IV.Retaliation-Firing an employee for participating in a legal strike,joining or participating in a trade union. V.Termination without cause VI.Termination by unlawful discrimination based on factors such as gender,race,religion, HIV status.