An employer has a right under certain circumstances to terminate a contract of service without notice or less notice

An employer has a right under certain circumstances to terminate a contract of service without notice or less notice. Section 44(1) of the Employment Act defines summary dismissal to be when an employer terminates the employment of an employee without notice or with less notice than that to which the employee is entitled by any statutory provision or contractual term. The law states that summary dismissal may only be warranted when the employee has by his conduct fundamentally breached his obligations arising under the contract of service. The conduct includes Absenteeism from work, intoxication during working hours, neglecting or poorly performing duties assigned disobeying a lawful command, being arrested for a cognizable offence and fails to be set at liberty either on bond or bail within 14 days. John KisakaMasoni v Nzoia Sugar Co. Limited [2016] eKLR, ELRC NO 148 OF 2015 http://kenyalaw.org/caselaw/cases/view/127070/
The court in determining the matter noted that the Employment Act    2007 under  Section 44 (4) g states that an employee who commits,   on reasonable and sufficient grounds is suspected of having committed a criminal offence against or to the substantial detriment of his employer or his employers property amounts to gross misconduct punishable by   summary dismissal.

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