Looking to take disciplinary action? Our employee disciplinary action toolkit takes the employer and employee through the legal requirements of undertaking disciplinary action on an employee including the termination of employment.

 

What is the Employee Disciplinary Action Toolkit?

We have developed an employee disciplinary action toolkit that is comprehensive yet simple to use. Our toolkit takes the employer and employee through the legal requirements of undertaking disciplinary action on an employee including the termination of employment. It defines the statutory termination process in a manner that is easy to follow and understand.                                                                                                                                                                                                   

What does the toolkit contain?

The toolkit contains editable versions of the following documents: 

  • Termination Policy – Employers Manual & Employees manual
  • Detailed Infographics on the procedure for termination
  • Detailed infographic on the procedure for redundancy
  • Notice to show cause
  • Notice of termination
  • Termination letter
  • Performance Improvement Plan (PIP) Template for employees poor performance prior to considering termination
  • Exit interview questionnaire
  • Suspension notice
  • Pre-termination checklist
  • Guidance on negotiating a Separation Agreement for senior-level employees
  • Editable Certificate of Service
  • 1-hour downloadable employee termination training webinar and more.

What does the law require while terminating an employee?

The Kenyan law requires employers to have a valid reason for termination of employment. Valid reasons include under/poor performance, gross misconduct, redundancy and breach of contractual obligations. 

Additionally, employers need to follow the statutory procedure for termination of employment, which includes issuing a notice to show cause, giving the employee a hearing in the presence of a colleague, issuing the requisite notice of termination, and issuing the employees dues and a certificate of service. 

An employer must follow the statutory provisions for termination of employment to avoid the risk of being found liable for unfair dismissal. Courts have provided that liability for unfair dismissal can be up to 12 months salary.  

How can I utilize the toolkit?

We will conduct a 1-hour webinar training to take you through each document. The training will assist you in knowing how to implement the toolkit at your organization. You will also receive a recording of the webinar for your future reference. 

Where can I get further information besides the toolkit?

We have written various articles related to the termination of employment and employment in general. You can also reach out to us directly.

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