In terms of terminating fixed-term contracts on their current expiry dates in Kenya, do you still need to give notice to employees? Would you pay them any gratuity or redundancy pay? If so, what are the criteria for determing this? Thank you!
In terms of terminating fixed-term contracts on their current expiry dates in Kenya, do you still need to give notice to employees? Would you pay them any gratuity or redundancy pay? If so, what are the criteria for determing this? Thank you!
Hi Nena,
In the event that:
1) The contract states that the fixed-term contract may be renewed on the same terms after the period has ended
2) The contract has been renewed previously
3) It has been promised previously that the contract will be renewed;
then it could be argued that there is a legitimate expectation that the contract will be renewed, in which case you will need to notify the employee that you won't be renewing.
If none of these 3 points are true, then no notice needs to be given (although it's probably the nicer option to let the employee know so they can look for another role!).
No gratuity or redundancy payment needs to be made.
I hope that helps.
Many Thanks,
Scott