Employment & Labour
Employment contracts and handbooks, executive compensation, restructuring and redundancy programmes, unfair-termination defence and claimant litigation in the Employment and Labour Relations Court (ELRC), workplace investigations, HR compliance audits and trade-union negotiations under the Employment Act, the Labour Relations Act and the Work Injury Benefits Act.
What we advise on. We advise on the employment lifecycle from hire to exit: contracts of service, executive service agreements and incentive plans, staff handbooks and policies, restructuring and redundancy, disciplinary and grievance processes, workplace investigations, TUPE-style business transfers, and the defence and prosecution of claims in the Employment and Labour Relations Court. We also conduct HR compliance audits and advise on trade-union recognition and collective bargaining.
Governing law and regulators. Our advice is grounded in the Employment Act 2007, the Labour Relations Act, the Work Injury Benefits Act (WIBA), the Occupational Safety and Health Act and the regulations governing NSSF and the social health insurance scheme (SHIF). Disputes are heard in the Employment and Labour Relations Court (ELRC).
Who we act for. We act for employers — from multinationals and their Kenyan subsidiaries to fast-growing local businesses, NGOs and public bodies — and, selectively, for senior executives on exit and dispute matters. Our employer clients value advice that is compliant but also commercial about workforce cost and risk.
Why OLM for employment and labour. Employment missteps are expensive and public. We get the documentation right at the outset, we run lawful processes that survive ELRC scrutiny, and when a dispute is unavoidable we litigate it efficiently rather than letting it drift.
Frequently Asked Questions
What is the lawful redundancy process in Kenya? The Employment Act requires notice to the employee and, where a trade union is recognised, to the union; consultation and selection using fair, objective criteria; payment of statutory severance (15 days’ pay per completed year of service); and exploration of alternatives to redundancy. We advise on and manage the full process.
What are the limits on fixed-term employment contracts in Kenya? Fixed-term contracts are permitted but may be converted to permanent employment if renewed repeatedly without genuine justification. Courts look at the substance of the relationship, not just its label. We advise on compliant fixed-term arrangements and renewal policies.
Can an employer conduct a workplace investigation in Kenya? Yes. Employers have both the right and the duty to investigate misconduct, harassment and fraud allegations fairly, confidentially and promptly. We advise on investigation design, manage sensitive cases and produce investigation reports that withstand challenge in the ELRC.