No More 13-Month Barrier! Court Opens Unfair Termination Claims to ALL Employees
Benson Odiwuor Otieno
Associate at TripleOkLaw LLP | Legal Researcher | Legal Compliance & Dispute Avoidance Strategist | Litigation Strategist & Draftsman
Did you think you needed at least 13 months of service to claim unfair dismissal? Not anymore! The Court of Appeal recently confirmed that Section 45(3) of the Employment Act, which previously restricted unfair termination claims to employees with at least 13 months of service, is unconstitutional. The case citation is ?????????? ???????????? ???????????????????????? ????. ?????? & ?????????????? ?? ???????????? [2025] ???????? 161.
This decision highlights key lessons for both employers and employees regarding fair termination procedures and the importance of adherence to due process.
Read more in ?????? ???????? (here) about the legal implications of this judgment and its impact on employment termination practices.
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Advocate of the High Court of Kenya | Proficient in Litigation & Dispute Resolution, PR Crisis, Campaign Management and Media Law, National Policy Drafting (Kenyan Land Policy), and Legal Framework Development
1 周The law really is fast progressing! Thank you Counsel for this insight.