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Originally published by Nation CountiesJune 10, 2026
6h ago
Court: You can’t fire staff over ‘poor performance’ without proof
'Bomi Engineering and Construction needed to do more than simply label an employee a poor performer.'..
✨ Key Highlights
The Employment and Labour Relations Court has ruled that employers cannot dismiss staff for alleged "poor performance" without concrete proof and adherence to due process.
- Bomi Engineering and Construction failed to prove claims against its Human Resource Officer, Zippy Gacheri Nyaga, leading to an unfair dismissal ruling.
- The court emphasized that employers must document performance issues, inform employees, and provide an opportunity to improve before termination.
- Ms Nyaga was awarded Sh164,000 in compensation plus notice and leave dues after her dismissal on April 25, 2024.
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