The Employment Act, 2007 (EA 2007) sets out the grounds on which an employer can terminate an employee's employment. These grounds are:

• Misconduct
• Physical incapacity
• Poor performance
• Employer's operational requirements

If an employer terminates an employee's employment on any other ground, the termination will be considered unfair.

In order for a termination to be fair, it must also be procedurally fair. This means that the employee must be given a fair hearing and an opportunity to respond to the allegations against them. The employer must also follow the correct procedures for termination, as set out in the EA 2007.

If an employee believes that they have been unfairly terminated, they can file a complaint with the Labour Relations Officer (LRO). The LRO will investigate the complaint and make a decision on whether the termination was fair. If the LRO finds that the termination was unfair, they can order the employer to reinstate the employee or award them compensation.

The following are some case laws that have set precedent on unfair termination in Kenya:

• Jared Aimba v Fina Bank Limited (2016) eKLR: In this case, the Court of Appeal held that an employer must follow the correct procedures for termination, as set out in the EA 2007. The court also held that an employer cannot terminate an employee's employment for reasons that are discriminatory or unfair.
• James Mwangi v Housing Finance Company of Kenya Limited (2014) eKLR: In this case, the High Court held that an employer cannot terminate an employee's employment without giving them a fair hearing. The court also held that an employer must provide the employee with a written reason for their termination.
• Japhet Muriithi v Nation Media Group Limited (2013) eKLR: In this case, the High Court held that an employer cannot terminate an employee's employment for reasons that are pretextual. The court also held that an employer cannot terminate an employee's employment in retaliation for them exercising their rights under the EA 2007.

If you believe that you have been unfairly terminated, it is important to seek legal advice as soon as possible. A lawyer can help you to file a complaint with the LRO and represent you in any subsequent legal proceedings.

How much compensation can I get for unfair termination in Kenya?

The amount of compensation that you can get for unfair termination in Kenya will depend on a number of factors, including the length of your service, your salary, and the reason for your termination. However, the maximum amount of compensation that you can get is 12 months' salary.

In addition to compensation, you may also be entitled to reinstatement in your job, if the Labour Relations Officer finds that your termination was unfair.

You think you have been unfairly dismissed? contuct us at Lugogo Odhiambo Advocates.