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Why Kenya’s employment law requires more changes
The Employment Act provides that poor performance is a valid ground for terminating an employment contract. It does not, however, mention the requirement for a performance improvement plan (PIP). PHOTO | FOTOSEARCH
The draft Employment Act (Amendment) Bill, 2019 published by the Kenya Law Reform Commission in April 2019 will, if passed into law, be a progressive piece of legislation. It should, however, address other issues that have remained vague or unregulated for long yet pose daily challenges to employers and employees alike.
Kenyan employment law makes no provision for retirement age in the private sector. The matter is normally regulated by company policy but where no policy exists, the matter can get fairly complicated. For instance, where the employer wishes to separate with an employee on grounds of age but the employee wishes to hang on, terminating the services of such an employee might be challenged on grounds of unfairness or discrimination.
