9 Grounds Termination will be Deemed Unfair Under the Kenyan Labour Laws Know your Rights

Under the Employment Act of Kenya, here are 9 Grounds Termination will be Deemed Unfair.

1. Female Pregnancy

Where a female employee is terminated for being pregnant or for anything connected to the pregnancy.

2. An Employee going for Leave or Requesting to Take Leave

Where an employee goes for leave or requests to take leave they are entitled to under the law or the employment contract.

3. An Employee Membership or proposal to Join a Trade Union

Where an employee is a member of a trade union or proposes to join a trade union.

4. An Employee Participation in Activities of a Trade Union

Where an employee participate or proposes to participate on activities of a trade union outside working hours or with employers consent within working hours.

5. An Employee Seeking to be a Trade Union Representative

Where an employee seeks to be a trade union representative or a workers representative.

6. An Employee Refusal to Join or Withdraw from a Trade Union

Where an employee refuses to join a trade union or withdraw from a trade union.

7. An Employee Termination due to Employees Disability , Sex and Religion

Where an employee is terminated due to their race, colour, tribe, political opinion or affiliation, marital status, HIV Status or disability.

8. An Employee Initiation of a Complaint or Legal Proceedings Against an Employer

Where an employee initiates or pro[poses initiation of a complaint or other legal proceedings against his/her employer. Except where the complaint is shown to be irresponsible or without foundation.

9. An Employee Participates in a Lawful Strike

Where an employee legally participates in a lawful strike.

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