An Assessment of the adequacy of employment laws governing constructive dismissal in Kenya

Abstract

The phenomenon of constructive dismissal, where employees feel compelled to quit due to unbearable workplace conditions, presents both a workplace challenge and a legal dilemma. This research delves into the complexities of constructive dismissal using John Rawls' theory of justice as a framework, emphasizing fairness and equality. Through an analysis of constructive dismissal cases in Kenya and the existing legal framework, this study aims to uncover inconsistencies and propose solutions. Despite the absence of specific provisions for constructive dismissal in Kenya labour laws, courts have established tests for determining constructive dismissal. However, inconsistencies in applying these tests have led to uncertainty and unfair outcomes for employees seeking redress. By examining court decisions and legal interpretations, this research seeks to highlight the need for clarity and uniformity in constructive dismissal laws. It also aims to propose amendments to the legal framework to ensure better protection of employee rights and promote fairness in the workplace. Through a thorough examination of the legal landscape and empirical findings, this study contributes valuable insights to the field of employment law and labour relations in Kenya, ultimately aiming to uphold principles of justice and fairness in the workplace.