7 Legal Grounds For Summary Dismissal in Kenya Understand your Rights as a Kenyan Employee

Subject to Section 44 of the Employment Act of Kenya, an employer can summarily dismiss an employee. This basically means that an employer can terminate an employees employment without notice or with less notice than that to which the employee is entitled to on the contractual agreement or statutory provisions. Here are the 7 Legal Grounds for Summary Dismissal in Kenya.

1. Absconding Work

Where an employee Absents himself or herself from work without any lawful excuse or Leave from the employer.

2. Intoxication During Working Hours

Where an Employee during working hours becomes intoxicated hence rendering himself or herself unwilling or incapable to perform his/her duties.

3. Negligently or carelessly performing your duties as an Employee

Where an employee wilfully neglects to perform their duties or the employee carelessly performs their duties with no lawful excuse.

4. Employee uses Abusive or Insulting Language

Where an employee uses abusive or insulting language or behaves in a manner that is insulting to his/her employer or supervisor.

5. Employee Fails to Obey Lawful Command within a scope of their duties

Where an Employee knowingly fails or refuses to obey a lawful command within the scope of their duties from his/her employer or supervisor.

6. Employee is arrested for an Offence punishable by Imprisonment

Where an employee is lawfully arrested for a cognizable offence and is not released within fourteen days.

7. Employee Commits a Criminal Offence

Where an Employee commits a criminal offence which is detrimental to his/her employer or his/her property.

It is important to note that this reasons are not exhaustive and do not mean that an employer cannot be held accountable to justify their reason for summarily dismissing the employee.

If you are interested in getting legal advice or consultations you can call/text 0714457082, Email; info@ruthtanuiadvocates.co.ke you can also check out our website www.ruthtanuiadvocates.co.ke

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