Quick Answer
If you are dismissed without a fair reason or fair process, you can challenge it — first with a labour officer, then at the Employment and Labour Relations Court. Remedies include compensation of up to 12 months’ pay, or reinstatement.
Key facts
- Unfair dismissal can be challenged in law.
- Complain to a labour officer, or sue at the Employment and Labour Relations Court.
- Compensation can be up to 12 months’ salary.
- Certain dismissals — e.g. for pregnancy or union activity — are automatically unfair.
What counts as unfair dismissal
A dismissal is unfair if it lacks a valid reason or a fair procedure. Some reasons are automatically unfair — dismissal for pregnancy, union membership, lodging a complaint, or on discriminatory grounds (tribe, sex, religion, disability, HIV status and the like).
Where to take your claim
You have two main routes: lodge a complaint with a labour officer (within three months of the dismissal), or file a claim in the Employment and Labour Relations Court (within three years). Keep your contract, payslips, termination letter and any correspondence as evidence.
The remedies
If the dismissal is found unfair, remedies include compensation of up to 12 months’ gross salary, payment of dues and notice, and in some cases an order for reinstatement or re-engagement.
The burden is on the employer to prove the dismissal was fair.
Why this matters to you
An unfair dismissal can upend your life, but the law gives real remedies — if you act in time and keep your evidence. Knowing the routes and deadlines is what turns a grievance into redress.
Frequently asked questions
How long do I have to challenge a dismissal?
Three months to complain to a labour officer, or three years to sue at the Employment and Labour Relations Court.
What can I recover?
Up to 12 months’ salary, dues and notice, and sometimes reinstatement.
Who must prove the dismissal was fair?
The employer.
Sources & references
- Employment Act, 2007 — kenyalaw.org
- Employment and Labour Relations Court Act, 2011 — kenyalaw.org