ADVOKS GLOBAL · KENYA
Employment Act
47. Complaint of summary dismissal and unfair termination
Edition: 2024-04-26 · In force
47. Complaint of summary dismissal and unfair termination
(1)Where an employee has been summarily dismissed or his employer has unfairly terminated his employment without justification, the employee may, within three months of the date of dismissal, present a complaint to a labour officer and the complaint shall be dealt with as a complaint lodged under section 86.(2)A labour officer who is presented with a claim under this section shall, after affording every opportunity to both the employee and the employer to state their case, recommend to the parties what in his opinion would be the best means of settling the dispute in accordance with the provisions section 49.(3)The right of the employee to present a complaint under this section shall be in addition to his right to complain to the Employment and Labour Relations Court on the same issue and to the right to complain of any other infringement of his statutory rights.(4)The right of an employee to make a complaint under this section shall be in addition to any right an employee may enjoy under a collective agreement.(5)For any complaint of unfair termination of employment or wrongful dismissal the burden of proving that an unfair termination of employment or wrongful dismissal has occurred shall rest on the employee, while the burden of justifying the grounds for the termination of employment or wrongful dismissal shall rest on the employer.(6)No employee whose services have been terminated or who has been summarily dismissed during a probationary contract shall make a complaint under this section.