Employment Rights- Kenya

Why you should sign contracts with your domestic employees As an employer, it is important to communicate their rights to them and as well as yours.

Fresh bid to tax overtime pay of low-income earners The Treasury has reintroduced a proposal to tax bonus of low-income earners.

Fairmont Hotels withdraws notice firing staff after pressure from State, Union - Citizentv.co.ke Fairmont Hotels & Resorts have withdrawn a memo which fired all its employees after pressure from government and staff union.

Norfolk closes indefinitely, fires all employees Owners of The Fairmont Norfolk, an iconic hotel in Nairobi announced Wednesday that it is closing its doors indefinitely

FRUSTRATION OF CONTRACT......................................................

In Davis Contractors Ltd versus FAREHAM U.D.C. [1956] A.C.696 Lord Radcliffe observed as follows:

“Frustration occurs whenever the law recognizes that, without the default of either party a contractual obligation has become incapable of being performed because, the circumstances in which the performance is called for would render it a thing radically different from that which was undertaken by the contract...”

Norfolk closes indefinitely, fires all employees Owners of The Fairmont Norfolk, an iconic hotel in Nairobi announced Wednesday that it is closing its doors indefinitely

Windsor to pay hostess Sh2.6m for sacking over pregnancy Court held that she was discriminated against when she was sacked after resuming duty from maternity leave

Civil Appeal 184 of 2015 - Kenya Law (Being an appeal from the Judgment and Award of the Employment and Labour Relations Court of Kenya at Nairobi (Linet Ndolo, J.), dated 9th July, 2014

REDUNDANCY AND THE PROCEDURE
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Redundancy is the loss of employment, occupation, job or career by involuntary means through no fault of an employee, involving termination of employment at the initiative of the employer, where the services of an employee are no longer required and the practices commonly known as abolition of office, job or occupation and loss of employment.

PROCEDURE
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1. If the employee is a member of a union, the employer must notify the union and the local labour officer of the reasons and the extent of the redundancy at least one month before the date when the redundancy is to take effect;

2. If the employee is not a member of the union, the employer must notify the employee personally in writing together with the labour officer;

3. Seniority in time, skill, ability and reliability of the employees should be considered;

4. Where the terminal benefits payable upon redundancy are set under a collective agreement, the employer shall not place an employee at a disadvantage on account of the employee being or not being a member of a trade union;

5. The employer must pay the employee any leave due in cash;

6. The employer must pay the employee at least one month’s notice or one month’s wages in lieu of notice; and

7. The employer must pay the employee severance pay at the rate of not less than 15 days for each completed year of service.

8. There must be consultation between the employer and the union or the employees.

NOTE: Termination of employment on account of redundancy that does not adhere to the outlined procedure will be unlawful.