Even if you own a company or are the CEO, long gone are the days when you would fire someone because you do not like them or just feel like dismissing them. Current labor laws and regulations favor employees and have made it difficult to dismiss staff.
Once an employee is in your payroll, they can only be dismissed in accordance with your company’s HR policy and existing labor laws. if dismissed on any other ground, you will be forced by labor tribunals or a court of law to pay heavy compensation for unfair dismissal.
Once you believe your employee has breached their contract terms or committed gross violations against the company, below are the best ways to fire them while protecting yourself or company against future legal disputes.
One advice given by Flexi Personnel Kenya HR policy specialist is that you should never dismiss a staff without having a witness present during the dismissal. According to an analysis done by Flexi Personnel on unfair dismissal cases, many employees who have been fired usually claim that their bosses abused them either verbally or physically while handing them their dismissal letters.
Ensure there is documentary evidence and a trail to show that the employee has committed gross violations and dismissal was the only disciplinary option that could be considered. Having documentary evidence will shield you against any legal action as it will show that the employee was dismissed according to company HR policy and due procedure was followed.
Any company that fires an employee without giving them an opportunity to defend or clarify their actions will have future legal problems as employment laws in Kenya state that anyone facing eminent dismissal must have an opportunity to clarify or defend their actions either before a panel or in written form.
Are you a company in need of HR consulting services? Contact Flexi-Personnel Ltd via email: firstname.lastname@example.org or call +254 20 2500211/ +254 714702443 for a customized quotation.