What counts as unfair dismissal
Employment Act, 2007 · sources read 2 Oct 2026
Your employer must prove a valid and fair reason for ending your job (your conduct, capacity or compatibility, or its operational needs) and that it followed a fair procedure. If it can't, the dismissal is unfair and you can get compensation of up to 12 months' gross pay, or your job back.
- Deadline
- 3 months from the dismissal to complain to a labour officer.
- Deadline
- 3 years to start a court case under the Employment Act (12 months after it ends, for a continuing injury).
- Where
- Your county labour office; the Employment and Labour Relations Court
Steps
- Ask to be heard. Before dismissing you for misconduct, poor performance or ill health, your employer must explain the reason in a language you understand, let you bring a colleague or union representative, and listen to your side.
- Complain to a labour officer within 3 months of the dismissal. The officer hears both sides and recommends a settlement.
- Bring a trade union official if you want help. Advocates can't represent either side before the labour officer.
- You can also take the case to the Employment and Labour Relations Court. The court can award notice pay, up to 12 months' pay as compensation, or reinstatement.
Watch out
- Summary dismissal (no notice) is allowed for gross misconduct, such as being absent without leave, being drunk at work, refusing a lawful order, insulting your employer, or committing a crime against the employer.
- If you are dismissed during probation, you can't bring an unfair dismissal complaint to a labour officer.
- You must show that you were dismissed; the employer must then justify the reason.
Who this covers
- Every employee: no employer may end an employee's job unfairly.
- Never a fair reason: pregnancy, taking leave you are entitled to, union membership or activity, your race, tribe, sex, religion, HIV status or disability, filing a complaint against the employer, or joining a lawful strike.
Official sources (2)
- The Employment Act, 2007 (No. 11 of 2007) labour.go.ke · read 2 Oct 2026
- Employment Act (Cap. 226), consolidated new.kenyalaw.org · read 2 Oct 2026