Quick Answer
An employer can end your job, but only for a fair reason — misconduct, poor performance or redundancy — and by following a fair process, including notice. Redundancy carries extra duties, including severance pay.
Key facts
- Termination needs a fair reason and a fair process.
- Valid grounds are misconduct, incapacity/poor performance, or redundancy.
- Notice is usually one month for monthly-paid staff (or pay in lieu).
- Redundancy requires consultation and severance of 15 days’ pay per year worked.
Fair reason and fair process
A lawful termination needs both a valid reason and a fair procedure. For misconduct or performance, that usually means an investigation, a warning where appropriate, and a hearing at which you can respond — before any decision to dismiss.
Notice
You are generally entitled to notice — commonly 28 days (one month) for monthly-paid employees — or payment in lieu of that notice. Daily and weekly contracts have shorter notice periods set by law.
Redundancy
Redundancy (losing a job because the role is no longer needed) carries extra duties: the employer must notify you, the labour officer and any union at least a month in advance, use fair selection criteria, and pay severance of at least 15 days’ pay for each year worked, plus accrued leave and dues.
Why this matters to you
Losing a job is hard enough without being cheated of a fair process or your dues. Knowing what “fair” requires — and what redundancy entitles you to — helps you insist on both.
Frequently asked questions
Can I be dismissed on the spot?
Only for gross misconduct, and even then a fair process is expected; otherwise notice or pay in lieu is required.
What is severance for redundancy?
At least 15 days’ pay for each year worked, plus leave and dues.
What are valid reasons to terminate?
Misconduct, incapacity or poor performance, or genuine redundancy.
Sources & references
- Employment Act, 2007 — kenyalaw.org