Recent Articles

This article deals with many issues involving COVID-19; from OSHA to unpaid leave, salary reductions, frustration of employment contracts, force majeure and the whole shebang!

I am serving a “mishmash” in this article – from suspension to gratuity to hearings to sick child leave to transfer of employment.

The question of whether or not an intern is an employee has been asked many many times. The purpose of this article is to offer my thoughts on the subject. 

This article contains an overview of the Data Protection Act, 2019 for employers to take note.

In this article, I look at 3 very recent decisions of the Court of Appeal which address issues arising from the termination of employment.

Is an employee whose misconduct leads to termination entitled to compensation or reinstatement simply because the employer failed to follow due process?

The Claimant sued Mr Naikuni and the airline seeking damages for unfair termination and breach of his Constitutional right to dignity. This article examines the case.

This article examines the proposed new laws relating to the right to strike of doctors and other workers engaged in essential services.

In this Article, we consider common types of employee theft and some of the effective strategies that businesses can implement to prevent such theft.

This article looks at what employers need to know regarding their obligations to the Authority and, yes, this means more paperwork and more compliance requirements. 

This article outlines the tax obligations imposed on employment income in Kenya.

Labour Day in Kenya has become synonymous with wage increments; employees expecting increments and employers opposing any. This article sets out the legal position regarding minimum wage in Kenya.

The Employment Act (Amendment) Bill, 2019 contains interesting new additions like education leave, parental leave, data protection,  employee surveillance, maternity leave on stillbirth, transfer of undertakings etc…

This article highlights key points that women in the workplace need to know.

This article looks at the intricacies of trade union registration in Kenya

A minimum wage increase was announced last year but the wage order was not released until 8th January 2019. Many people were wondering why it was taking so long to gazette the new wage order. …

This articles examines how to deal with terminal benefits and other moneys owed to a deceased employee.

To determine whether one is a consultant or an employee, the Court will give greater emphasis to the substance of the agreement as opposed to the form or the words used by the parties to refer to the nature of their arrangement.

Happy New Year!!! I got very concerned late last year when I was consulted by about 3 people separately on issues that were substantially similar relating to harassment at work by their bosses. I purposed …

Introduction It is quite common for an employee who is faced with investigations, interdiction or disciplinary proceedings to resign in order to avoid adverse action such as dismissal which could also result in loss of …

Introduction The right to strike is guaranteed under Article 41(2)(d) of the Constitution. The provision provides that: – ‘Every worker has the right to go on strike.’ The spirit under this provision is clear, open …

We now have a new contribution/deduction to look forward to – the National Housing Development Fund.

What you need to know about NHIF.

This article examines the importance of following internal procedures in the termination process.

It happens more frequently than you think. This article examines two cases on the subject. The facts in FMM vs BCL [2018] eKLR were that; The Claimant successfully applied for a job with the Respondent. …

Is there a duty to disclose a pregnancy when interviewing for a job? Termination of expectant employees and much more.

Definition Gratuity is a monetary gift from an employer to an employee. It is a gratuitous pay and is, by its very nature, discretionary. Important points to note about Gratuity Gratuity is only payable if …

This article looks at the legal aspects of a voluntary early retirement exercise.

There has been a lot of interest in this subject since CS Matiangi’s announcement on Friday last week where foreigners were given 60 days to regularize their work permits. Pain points The following pain points have …

What is the legal position regarding a situation where the employee is wrong & yet the stipulated termination procedure is not followed?

Redundancies have been quite common in today’s economy. This article looks at a recent case with the view of extracting relevant principles on the subject. We will study the case of Barclays Bank of Kenya …

This article tackles the legal issues surrounding compulsory leave in Kenya.

The topic of domestic workers is one of the most searched. This post is here due to public demand!

Do volunteers have rights under the Employment Act, 2007.

This post addresses the legal position regarding reinstatement as a remedy for unfair termination.

This article tackles questions surrounding the concept of employment in an acting position.

There is a way out for employers who fail to follow the stipulated termination procedure.

This article examines the legal position regarding payment of PAYE, NSSF and NHIF by expats.

This article examines the legal requirements for foreign contracts of service.

This article looks at the intricacies of termination of employment by giving notice or pay in lieu.

Questions surrounding interdiction are very commonly asked. This article is dedicated to answering your questions on what interdiction is and how it is lawfully applied.

The article looks at important facts about minimum wage as well as Bills before parliament that touch on working mothers.