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12 Sep 23

Probationary Contracts In Employment

 The probation of an employee is generally governed by a probationary contract. Section 2 of the Employment Act defines a probationary contract as “a contract of employment, which is of not more than twelve months duration or part thereof, is in writing and expressly states that it is for a probationary period;”  Probation allows the […]
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31 Aug 23

Pre- Employment Background Checks

Unlike the past when organizations would hire employees based on their Curriculum Vitae, times have changed and most organizations have now introduced pre-employment screening, including conducting background checks on preferred applicants. Employee background checks are essential because they help Employers make informed decisions on who they hire.  In most cases, pre-employment background checks cover the […]
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23 Aug 23

LEGAL ALERT! Clearance And Compliance Certificates for Job Seekers

For a long time, employers in the public sector would request job applicants to provide clearance and compliance certificates including;  However, the Employment (Amendment) Act No. 15 of 2022 amended Section 9 of the Employment Act to eliminate the requirement for job applicants to submit clearance or compliance certificates while submitting their job applications to […]
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21 Jul 23

Termination Of An Employee On The Ground Of Poor Performance

When it comes to saying goodbye to employees, it’s no secret that poor performance often leads to termination. Although poor performance is a distinct ground for termination of employment, the Employment Act is unclear as to what constitutes poor performance.  Recently, the Employment and Labor Relations Court delivered a groundbreaking judgement in the case of […]
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07 Jul 23

Employee Vs Consultant

There are various categories of people who work in an organisation including employees and consultants. This article will look to distinguish between an employee and a consultant and the rights accruing to each. Section 2 of the Employment Act defines an employee as “ a person employed for wages or a salary and includes an apprentice […]
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23 Jun 23

Constructive dismissal when does it apply?

Constructive dismissal has not been defined under the Kenyan Employment Act 2007. However, the Cambridge University dictionary defines constructive dismissal as “actions taken by an employer that intentionally make working conditions for an employee difficult or unfair so that the employee feels forced to leave their job”.  The Black’s Law Dictionary (9th Edition)  also defines […]
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23 Jun 23

Contract Renewal, Is It Mandatory?

A Contract Renewal is an extension of the Term of a Contract, on or before the last day of the Term. The Employment Act 2007 is silent on whether contract renewal is mandatory and because of this, the courts have been forced to intervene to decide whether the renewal of a fixed employment contract is […]
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