Unfair Dismissal: What to do if you are fired without notice or a hearing

You arrive at work. The security guard hands you a letter: "Your services are no longer required." No reason. No hearing. No notice pay. Or maybe you were summoned to a "disciplinary meeting" and dismissed on the spot without being given a chance to defend yourself. Under Kenya's Employment Act, 2007, this is called unfair dismissal, and you have legal rights. This guide explains what constitutes unfair termination, the remedies available, and how to file a claim at the Employment and Labour Relations Court (ELRC).

Key law: Section 45 of the Employment Act states that no employer shall terminate an employee's employment unfairly. Unfair termination occurs if the employer fails to prove a valid reason and fails to follow a fair procedure.

What Counts as Unfair Dismissal?

The court looks at two things: substantive fairness (was there a valid reason?) and procedural fairness (was the employee heard?). Examples of unfair dismissal include:

Firing without any notice or payment in lieu of notice.
No disciplinary hearing before termination (even for gross misconduct).
Dismissal for a trivial reason or based on false allegations.
Discrimination based on pregnancy, religion, ethnicity, or union membership.
Termination due to whistleblowing or reporting employer violations.

However, termination for genuine redundancy, retirement at normal age, or summary dismissal for gross misconduct (after a proper hearing) may be fair.

Your Rights After Unfair Dismissal

If the court finds you were unfairly dismissed, you may be awarded:

Compensation: Up to 12 months' gross salary (Section 49 of the Employment Act).
Notice pay: Equivalent to one month (or longer if contract provides).
Unpaid leave and salary arrears.
Reinstatement or re‑engagement (rare, but possible if the employment relationship can be restored).
Certificate of service (must be issued regardless of how employment ended).

Time limit: You must file a claim at the ELRC within 3 years from the date of dismissal. However, act quickly – evidence can disappear, and witnesses may forget.

Step-by-Step: What to Do After Unfair Dismissal

Request a letter of termination – if not given, ask for it in writing.
Gather evidence: employment contract, payslips, termination letter, any emails or witness statements.
Report to the labour officer – the County Labour Office (Machakos) can attempt conciliation for free.
If conciliation fails, file a statement of claim at the Employment and Labour Relations Court (Milimani Law Courts for Nairobi, or the ELRC sub‑registry in Machakos – ask at the High Court).
Attend mediation – the court may refer parties to court-annexed mediation.
Trial and judgment: If no settlement, the court hears evidence and awards compensation.

"No employer can fire you like a thief in the night. The law insists on a hearing – your side of the story must be heard before any decision to terminate. If they fail that, they have broken the law." — Faith Musyoka, Employment Advocate

Practical Tips for Employees

✔️ Never resign under pressure – forced resignation can be treated as dismissal.

✔️ Do not sign any document you don't understand – especially a "mutual separation" waiver.

✔️ Join a trade union – they provide legal support for members.

✔️ Keep copies of all employment records at home, not at work.

Musyoka & Mutinda Advocates represents employees in unfair dismissal claims across Machakos and Nairobi. We offer initial consultations to assess the strength of your case.