What is Summary Dismissal? The conventional meaning of summary dismissal is: terminating employment with less notice or no notice due to gross misconduct. However, this definition does not apply to the Kenyan context where sections 44 (1) and 41 (2) of the Employment Act (2007), require the issuance of a notice and a fair hearing […]
What is Absenteeism? Absenteeism is an employee’s absence from work or duty without permission and/or good reason. Employers perceive this as a breach of contract. It is also a common headache that they have because of the cost implications it has on the organization, such as: As frustrating as this sounds, an employer is still […]
Before the enactment of the Employment Act 2007, employers had the freedom to terminate an employment relationship for a good reason, bad reason or no reason at all. This was observed by the Court in the case of Reuben Ngila Kitonyi Vs. Central Bank of Kenya [2019] eKLR where it stated as follows— “The…Act, unlike […]
Mediation is one of the alternative mechanisms that emerged as a way of solving disputes out of court. It involves the voluntary resolution of a dispute where a neutral third party, known as a mediator, facilitates the process and aids the parties in consensus building. The disputants also have control over the outcome. Majority of […]
The Employment (Amendment) Act 2021 was signed into law on 30th March 2021. As a result, section 29A of the Employment Act 2007 was born. Before the introduction of this section, employers had the option of granting or not granting pre-adoptive leave to employees who had adopted a child or were in the process of […]
Though virtual platforms like Zoom, Microsoft teams and Google Meets became popular at the advent of the COVID-19 pandemic, virtual meetings are now an essential part of our lives because of the convenience they bring to the human life. Human beings across the globe can communicate real time at a minimal cost. Whereas the gains […]
Section 18 of the Data Protection Act, 2019 and the Data Protection (Registration of Data Controllers and Data Processors) Regulations, 2021 requires all organizations and individuals processing and controlling personal data to register. Section 28 of the Act allows data controllers and data processors to have data protection officers, while the Data Protection (Registration of […]
The Employment (Amendment) Act 2022 came into force on 22nd April 2022. The Act amends section 9 of the Employment Act of 2007. Employers are now barred from requesting for clearances from applicants unless they intend to enter into an employment contract with them. However, employers can withdraw a contract of service where the employee […]
Recently, I finished reading the book: What I Know For Sure by Oprah Winfrey. The book gives insightful life lessons based on how Oprah has interacted with life. The lessons in the book inspired this article, to guide a young advocate who is uncertain of their career path. So here are the things I have […]