Quite a number of obligations have been imposed by statute on employers and there are serious attendant sanctions for non-compliance. Notably, the interpretations given by our courts on some statutory provisions have been momentous. At JMK we are always keeping tabs of the emerging jurisprudence from our courts and best practice from other jurisdictions in order to advise our clients to avoid or minimize liability.
Our expertise extends to advising and representing clients in all aspects of employment law. We represent both employers and employees on contentious matters under our litigation department whereby we handle employment claims relating to breach of contract claims, unfair employment practices, work injury benefits claims, unlawful dismissal, redundancy claims, and constructive dismissal among others.
Under our commercial department we handle non-contentions matters including drafting of employment contracts such as permanent employment, fixed employment, probationary or independent contractor contracts. We are also involved in the drafting and reviewing human resource policies, procedures and manuals including Whistleblower Policy, Safety and Security Manual, Equal Opportunity Employment Policy, Conflict of Interest Policy, Policy on Accessibility to People with Disabilities, Policy on Gender Equality & Social Inclusion, Policy Against Harassment; Combatting Trafficking in Persons Policy; Policy Regarding Abuse of Power & Sexual Exploitation; Code of Conduct & Ethics Policy & Fraud Policy & Reporting Procedures.
The Firm also advises on managing of employee-exits, including the offering of legal advise on the conduct of Performance Improvement Plan (PIP) Program as well as the drafting of Warning Letters, Notice to Show Cause and Termination Letters. In addition, the Firm offers legal advisories on the termination procedures to be followed by employers in order to negate or minimize legal liability. We are well versed in facilitating negotiations for early termination of employment including the negotiations for termination monetary and non-monetary packages.
We offer advice relating to collective bargaining, secondment, outsourcing and transfer of employees. We also offer consultancy services on the changes in the legal framework, revision of minimum wages as well other labor related issues including collective bargaining agreements, tax related issues and employee share ownership schemes.
Some notable transactions that the Firm has undertaken in this area of law include:
- The Firm has successfully represented many individuals on claims of unfair dismissal termination and conversely defended its corporate clients successfully.
- The Firm acted for Helen Keller International in reviewing the Human Resource (HR) Policies and other employment related policies (including Whistleblower Policy, Safety and Security Manual, Equal Opportunity Employment Policy, Conflict of Interest Policy, Policy on Accessibility to People with Disabilities, Policy on Gender Equality & Social Inclusion, Policy Against Harassment; Combatting Trafficking in Persons Policy; Policy Regarding Abuse of Power & Sexual Exploitation; Code of Conduct & Ethics Policy & Fraud Policy & Reporting Procedures) and providing recommendations/legal opinion on how to align the HR Policies with the applicable local & international employment laws as well as court precedent addressing employment matters.
- The Firm acted for Nova Pioneer in review of their master templates employment contracts including fixed term, permanent employment, independent contractors and probationary contracts and offered legal advisory and guidance on how to align them with the law in order to minimize employer liability.
- The Firm acted for Zenka Digital Limited in review and offering legal advisory on its Human Resource Manual and Policies. The Firm has also offered legal advisory in relation to the conduct of employee exits.
- The Firm has acted for Insupply Health Limited in offering legal guidance in the conduct of termination of employment including the drafting of warning letters, termination notices, advisory on conduct of termination of employment hearing and advisory on benefits available to the terminated employee.
- The Firm acted for Kenya Diabetes Study Group in drafting of its master employment contracts, in particular, a probationary contract and independent contractor agreement.
- The Firm acted for Mobile Uurka Limited in drafting of its master employment contracts.