- Informal warming-A verbal/informal warming is given to the employee in the 1st instance of a minor offence the warning is administered by the employees supervisor.
- Formal warming-A written formal warning is given to the employee in the 1st instance of more serious offence or after repeated instance of minor offences. It is done by the immediate manager.
- -It should state the extent nature of offence and indicate any future displinary action which will be taken against the employee if the offence is repeated within a specified time limit.
- A copy of the written warning is placed in the employee’s personal file but it is destroyed 12 months after the date of when it was given if no other offence has been committed.
- -The employee is expected to read and sign the formal warming and has the right to appeal to the higher management if he/she thinks that the warning is unjustified.
- -The H.R managers should be asked to advise on the text of the written warming.
- Further displinary action
If despite previous warnings an employee fails to reach the required standards in a reasonable period of time it may be adequate to consider further displinary action. The action may be suspension or dismissal.
d) Termination of probationary contract
No employer shall employee under probationary contract for more than a period of twelve months. The employer should issue a 7 days notice prior termination.
e) Summary dismissal
This is when an employer terminates the employment without any notice or with less notice than the employee is entitled to. The following are some of the matters that may amount to gross misconduct so as to justify the summary dismissal of an employee. But this does not prevent an employer or employee from respectively disputing whether the facts giving rise to the dismissal are justifiable or of lawful grounds:
- Without leave or lawful cause an employee absents himself from his/her appointed work place.
- During working hours an employee becomes intoxicated hence rendering himself incapable to perform his duties.
- An employee willfully neglects to perform any work which it was his duty to perform or carelessly or improperly performs it.
- An employee uses abusive or insulting language to his employer or to a person placed in authority over him/her.
- An employee commits or on sufficient grounds is suspected of having committed a criminal offence against his employer of his employer’s property.
Unfair reasons for termination:
- A female worker’s pregnancy or any person connected within her pregnancy.
- An employee’s refusal to join or withdrawal from a trade union.
- An employee’s membership of a trade union.
- An employee seeking of a office in a trade union.
- An employee’s participation in a lawful strike.
- An employee’s race, tribe, sex, religion, political, nationality, social origin, marital status, HIV status.
Remedies for wrongful dismissal and unfair termination:
When in the opinion of a labour officer the termination of a contract is unjustified, the labour officer may recommend to the employer to pay the employee the following:
- The wages which the employee would have earned had the employee been given the period of notice to which he was entitled under his contract of service.
When in the opinion of a labour officer an employee’s dismissal or termination of employment was unfair, the labour officer may recommend to the employer to:
- Reinstate the employee and treat the employee as if the employee’s employment had not been terminated.
- Re-engage the employee in work compatible to that in which the employee was employed prior to his dismissal or other suitable work, at the same wage.
CERTIFICATE OF SERVICE
- An employer shall issue to an employee a certificate of service upon termination of employment unless the employment has continued for a period of less than four consecutive weeks.
- A certificate of service issued shall address:
- a) Name of the employer and his postal address.
- b) Name of the employee
- c) Date when the employment of the employee commenced.
- d) Nature and usual place of employment of the employee
- e) Date when the employment of the employee ceased and any other particulars e.g. position held.
Note: An employer who by neglect fails to give an employee a certificate of service or who knowingly includes a false statement in a certificate of service, commits an offence and shall be on conviction be liable to a fine not exceeding ksh.100,000 or to imprisonment for a term not exceeding 6 months or both.