In the year 2007, Kenya adopted a new regime of labour laws whose effect was to radically transform industrial relations between the employer and employee in Kenya. The new laws were also aimed at providing employees with a safe working environment within Kenya’s industries and factories in the Republic. The Constitution was adopted in 2010 adapting labour relations rights within the constitution.
Due to these legislative reforms, there have been an arising number of labour disputes. We have acted for various employers, such as private and public universities, banks and financial institutions, devolved government and county assemblies, advising them on the implication of this new dispensation and accordingly advised them on the aspect of legal implications so as to forestall or limit claims by employees.
We have also successfully represented various employees in unfair dismissal claims. We have also helped in out-of-court negotiations in various matters involving large amounts of money.
- Successfully negotiated an out-of-court settlement for a private university which had been sued by a former member of its senior management. The dispute was in regard to terminal dues to the tune of Kes. 27 Million.
- Successfully represented a private university in a matter where a contempt of court application had been filed by a former employee. Subsequently the employee’s application was dismissed.
- Successfully negotiated an out-of-court settlement for a client who was a former employee of a multi-national Construction Company. Subsequently, the Client was paid all his lawful dues of Kes. 900,000/= within three months.
- Advised a local private university regarding a redundancy exercise in respect of a large group of its employees (approximately 100). Our advice covered the legal requirements and implications to consider before
- Successfully represented a major bank in an employment claim filed by a former employee at the Nairobi Employment and Labour Relations Court, where the Claim was dismissed.
- Successfully acted for over 40 claimants who had been unlawfully declared redundant by a local cosmetics manufacturing company.
- Successfully defended a leading Kenyan private university at the Nairobi Employment and Labour Relations Court against it for unfair dismissal filed by a union on behalf of thirteen of its former employees.
- Provided a legal opinion to a Mauritian Company in relation to obligations of an employer under Kenya employment laws. The company intended to establish a subsidiary in Kenya and employ foreigners and local citizens.
Elijah Supeo Karei