Unfair Dismissals: A Guide Through Terminations - A Kenyan Lawyer's Perspective (MMW Advocates LLP) скачать в хорошем качестве

Unfair Dismissals: A Guide Through Terminations - A Kenyan Lawyer's Perspective (MMW Advocates LLP)

WhatsApp: (+254) 714-349-587 Call: (+254) 776-314-659 info@mmw.legal https://mmw.legal/ Nairobi Headquarters 511 MMW Chambers, Mugoiri Road, Kileleshwa Linkedin -   / mmw-advoc.  . Instagram -   / mmwadvocateske   Twitter - https://x.com/MMWAdvocateske ----------------------------------------------------- In this discussion, we address the proper procedures for terminating an employee, especially in urgent circumstances. When an employer decides to let an employee go, the process must be handled with dignity and in accordance with the law. Under the Employment Act, various types of termination exist, and it is critical to adhere to the contractual terms outlined in the employment agreement. For instance, if the contract specifies a notice period, the employer is required to provide that notice unless there is a valid reason for immediate dismissal. In cases of serious misconduct, such as theft or other egregious actions, the employer cannot simply terminate the employee on the spot. Instead, they must issue a "notice to show cause," which informs the employee of the allegations and allows them an opportunity to respond within a specified timeframe. This document outlines the reasons for the potential termination and invites the employee to defend themselves against the claims made. If further investigation is warranted, a disciplinary hearing is convened. The employee has the right to attend this hearing with a representative, which could be a colleague or a shop representative. It is vital that minutes are taken during this meeting to document both parties’ accounts of the events. After the hearing, the disciplinary panel will review the evidence and determine the outcome. They may decide to issue a warning, terminate the employee, or, in severe cases, terminate the employee immediately, foregoing the notice period if warranted. If the termination process is not followed correctly, the employee may challenge the decision in court. The court will examine whether there was a valid reason for the termination and if due process was observed, ensuring the employee had an opportunity to be heard. Thank you for watching. If you have any questions regarding termination, whether about lawful procedures or potential unfair dismissals, please feel free to reach out. I'm Stella Wangui Muraguri, Managing Partner at MMW Advocates LLP, and this is a Kenyan lawyer's perspective.