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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