Summary Dismissal Letter

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Document Overview

A Summary Dismissal Letter is a formal document issued by an employer to an employee to terminate employment immediately due to gross misconduct or a serious breach of employment terms.

This form of dismissal is governed by Section 44 of the Employment Act, 2007 (Kenya), which allows an employer to dismiss an employee instantly if they are guilty of misconduct such as theft, fraud, willful neglect of duty, disobedience, or absence without leave.

The purpose of a Summary Dismissal Letter is to:
1. Notify the employee in writing that their employment has been terminated with immediate effect due to specified acts of gross misconduct.
2. Reference the specific reasons and legal provisions (particularly Section 44 of the Employment Act, 2007) to ensure the dismissal is legally valid and defensible.
3. Demonstrate that due process - such as a disciplinary hearing or investigation was followed before dismissal.
4. Serve as an official record explaining why the employee was summarily dismissed, which protects the employer from future legal claims or wrongful dismissal allegations.
5, Indicate what the employee will or will not be paid - such as unpaid salary, accrued leave, and exclusion from payment in lieu of notice.
6. Inform the employee of their right to appeal the decision within a specified time frame.

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Summary Dismissal Letter

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