Contractual staff can’t be sacked for poor performance without notice
Contractual staff rules in Kenya have been revised by the High Court of Kenya. The court held that employers can now only terminate a contract with a notice period of thirty days, except where exceptional circumstances are justifying an early termination.
The court has held this in a case where a firm that had engaged its contractual employees from another company, claimed that it had the right to terminate the services of one of them on account of his inability to perform efficiently at work.
The ruling is likely to lead to more protracted disputes over poor performance and leave little room for employers to take remedial action where they believe there has been persistent underperformance.
If a company wishes to dismiss a contractual worker, it must follow the procedure provided by law. If the employer fails to do so, he could be sued for unfair dismissal by his employee in the High Court
As per the recent high court decision, the Contractual staff of a company will be treated as “in-house” employees for employment under the Industrial Disputes Act. The implications of this decision are not only for companies whose contractual staff are working in organized sectors but also for companies whose contractual staff works in unorganized sectors.
The High Court has awarded a contractual staff four weeks’ notice for the termination of the employment contract. Every employee is entitled to a minimum period of fair and reasonable notice of dismissal, whether or not their employment agreement specifies a period.
A contract worker can be terminated without notice if they are found to be absent without permission or fail to comply with the terms of their employment. The right to terminate is provided for in the contract, but although an employer has that right it does not come without obligations.
Contractual staff can’t be sacked for poor performance without notice, the High Court has ruled. It said that an employer needs to afford a contractual employee a minimum period of notice before dismissal, even if the contract does not specify one.
The ruling means that employers of such employees must first follow a proper procedure before dismissing them. The decision could have wide-ranging implications for employers who rely on zero-hours contracts and other forms of casual labor.
Contractual staff employees can’t be dismissed without notice, even if they aren’t performing well.
Contractual staff in the US can’t be sacked for poor performance without notice, the High Court has ruled. Employers must give contractual employees written notice if they are being considered for dismissal, even if they have done nothing wrong.
Contractual staff who have completed six months of continuous service and have been given a warning notice for poor performance cannot be dismissed without notice, according to the high court.
Contractual staff is not guaranteed a job for life and they may be dismissed at the end of their contract. There is no entitlement to notice. You can only dismiss contractual staff if there is just cause, which means you have investigated their performance and been given a reasonable opportunity to improve before dismissal