Duty of employer to explain reason for summary dismissal.

An employer has a duty to explain to an employee the reason for summary dismissal in the presence of a fellow employee or union official. Under section 41 (1) of the Employment Act an employer shall, before terminating the employment of an employee, on the grounds of misconduct, poor performance or physical incapacity explain to the employee, in a language the employee understands, the reason for which the employer is considering termination and the employee shall be entitled to have another employee or a shop floor union representative of his choice present during this explanation.
Mary ChemwenoKiptui v Kenya Pipeline Company Limited [2014] eKLR
Section 41 of the Employment Act is couched in mandatory terms. Where an employer fails to follow these mandatory provisions, whatever outcome of the process is bound to be unfair as the affected employee has not been accorded a hearing in the presence of their union representative or in the presence of a fellow employee of their own choice. Before an employer can exercise their right to terminate the contract of an employee, there must be valid reason or reasons that touch on grounds of misconduct, poor performance or physical incapacity. http://kenyalaw.org/caselaw/cases/view/96215/

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