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Issue only one notice, Court of Appeal says…Africa Nazarene University v David Mutevu & 103 others [2017] eKLR.

The Industrial Court has, in past decisions, held that 2 notices are required – the first one being a notice of intention to declare redundancy issued to the employee and the labour officer or to the union and the labour officer (where the employee is unionisable) and the second one being the termination notice. The Court of Appeal has, however, clarified that only the first notice is required. The notice period should be in accordance with the contract but should not be less than 30 days.

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About Anne Babu

Anne is an Advocate of the High Court of Kenya and the Founding Partner of Anne Babu & Co. Advocates. She has practiced employment law for over 10 years. She is a repository junkie and a lover of editing.



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  1. ANGELINE says:

    Good afternoon Ann. Kindly advise. Can an employer demand contribution from employees towards the employer’s own project, or kit.

    1. Anne Babu says:

      No, he should not. What is the project/kit for?

      1. ANGELINE says:

        fund raising for the organization which is done annually to support the functions of the organization.

        1. Anne Babu says:

          This should be voluntary not forced.

  2. Wanjiku says:

    If ones contract stipulates gratuity at the endone of employment,which is one months pay per year worked, does the employee need to be paid severance pay too in cases of redundancy?

    1. Anne Babu says:

      If the contracts provides for gratuity to be paid together with severance. Most contracts won’t allow for the double payment.

  3. STEPHEN says:

    Good afternoon Ann,What if the employer declares redundancy whereby he has misused company`s fund with projects which are not income earning,like leaving company owned offices and going to let expensive premise etc?

    1. Anne Babu says:

      As long as the proper procedure is used to declare a redundancy and there is a genuine job loss on account of redundancy, the employer cannot be faulted for how the business has been managed.

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