When terminating foreign nationals working for foreign companies in Kenya, it can be challenging for employers to fulfill all legal requirements.
Here is detailed analysis of the legal process for terminating such employees in a legal manner.
Substantive fairness
The employer ought to ensure that the reasons that prompt them to terminate an employee are fair and justifiable reasons related to the employee’s conduct, capacity, or compatibility, or based on the operational requirements of the employer.
Procedural Fairness
An employer is required to issue such an employee with a notice to show cause. The notice should inform the employee that a disciplinary action that might lead to termination of employment is under consideration.
The notice should state the employee’s right to defend themselves and to have a representative of their choice during the hearing. The employee’s replies and representations in response to the notice must be considered before making a decision. Keep detailed records of all steps taken in the termination process, including notices, meeting minutes, and any other relevant documents.
Once an employer decides to terminate the employee, the employee is to be called into a meeting in the company of their chosen representative. In the meeting, the employee is to be informed of the reason as to which their employment is based.
In addition to the above, the Kenyan Citizenship and Immigration Regulations 2012, require an employer to submit a written report to the director of immigration services within fifteen days of the termination of any employee who was working under a work permit, in which the employer is listed.
In conclusion, understanding the legal landscape and following the appropriate procedures is crucial when it comes to terminating employees in Kenya.
Both substantive and procedural fairness play key roles in the termination process, and it’s important for employers to adhere to the legal requirements outlined in the Employment Act, 2007.
By ensuring compliance with these regulations and providing employees with avenues for appeal and internal dispute resolution, employers can mitigate the risk of legal disputes and safeguard their organizations.
Additionally, special types of termination such as summary dismissal and termination on account of redundancy have specific conditions that must be met to ensure lawful termination.
Following fair and just procedures for termination is essential for employers and human resource practitioners in order to navigate termination of employment effectively and legally.
Are you an employer or an employee; Talk to us to help you understand your obligations and rights.
Email: info@pkwegaadvocates.co.ke
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