Technicalities of employment suspension in Kenya: a review of the current legal framework

Date
2021-01
Authors
KHABONGO, BILL ANDAYE
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Publisher
Strathmore University
Abstract
The suspension of an employment contract is an issue that has not been clearly stipulated both by legislation and courts of law. This creates chaos in how employment suspensions are handled as employers have mostly been left to decide on the matter. Issues such as the duration in which a suspension should last and the grounds of suspension have been left for the employer to decide and hence form the main purpose of the research. In addition to that, the issue of whether or not an employee should be paid during the suspension is also an uncertainty which the study aims to discuss.
Description
Labour law regulates employer-employee relationships. It is a contractual relationship and hence has legal obligations. Both parties in employment relationships have different rights and duties.2 Kenyan labour law consists of a combination of the principles of common law, legislation, such as the Employment Act, Labour Relations Act, Industrial Court Act, International Labour Organization (ILO) conventions and recommendations and collective bargaining agreements that are entered into by different employer’s organizations and trade unions
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