Right of the Employer to demote an employee.

Under Common Law, demotion is defined as the conferment upon an employee of a position to which is attached a lower remuneration compared tom the position previously held. This might happen after the employer has lost trust in the employee. In Gerald Okumu Aoko v Kenya Marne Fisheries Research Institute & another [2014] eKLR The claimant alleged that he was not given any opportunity to defend himself before his demotion and transfer.  The court noted that this was a dispute to enforce a   contractual right.  The claimant was however served with a show cause letter and thereafter a hearing at the Director’s office before suspension and subsequent demotion.  In this case it was held that the employer might have had the right to demote the claimant if he had lost trust in the claimant’s ability to supervise the cashiers. Read more at http://kenyalaw.org/caselaw/cases/view/101877

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