Employment
The 2007 labour statutes with a specialised Employment and Labour Relations Court
Five statutes enacted in 2007 govern employment: the Employment Act, Labour Relations Act, Labour Institutions Act, Occupational Safety and Health Act and Work Injury Benefits Act. Disputes go to the Employment and Labour Relations Court, which has the status of the High Court.
Key rules
- Jurisdiction — The Employment and Labour Relations Court has exclusive jurisdiction over employment disputes, with appeal to the Court of Appeal.
- Deadline — Unfair termination claim: filed within three years of dismissal
- Deadline — Termination notice: 28 days for monthly-paid employees
- Deadline — Maternity leave: three months, with one month paternity leave
Governing law
- Employment Act, 2007 (No. 11 of 2007) — unfair termination at sections 41–45
- Labour Relations Act, 2007No. 14 of 2007
- Employment and Labour Relations Court Act, 2011
In practice
Section 41 of the Employment Act is the provision that dominates Kenyan employment litigation: it requires a hearing before termination, and failure to hold one renders a dismissal procedurally unfair regardless of whether substantive grounds existed. The specialised court, created with High Court status in 2011, has built a substantial body of jurisprudence on that requirement.