Ensuring Compliance and Fairness in Disciplinary Procedures: A Legal

Imperative for a Human Resource Manager in Kenya.

Introduction
Section 41 of the Employment Act mandates a fair and transparent disciplinary
process, emphasizing the importance of providing employees with a hearing in the
process of their union representative or a chosen fellow employee. Failure to adhere to
these mandatory provisions not only violates the rights of the affected employee but
also renders any resulting outcome inherently unfair.
This advisory aims to guide HR managers in Kenya in implementing comprehensive
disciplinary procedures that not only comply with legal requirements but also uphold
fairness and protect employee rights,thereby minimizing the risk of unfair
terminations and wrongful dismissals.
CHECKLIST
Action Timeline Attendees Dates
1. Establish Clear Ongoing HR Manager,Legal DD/MM/YYYY
Policies and Advisor
Procedures
2. Investigate Within 3-5 days HR Manager
Thoroughly
3. Inform the Employee Within 1-2 days HR Manager,
Employee
4. Hold a Disciplinary Within 5-7 days HR Manager,
Meeting. Attend Employee, Fellow
Hearing with Fellow Employee
Employee
5. Consider Mitigating During Meeting HR Manager,
Factors Employee
7. Decide on Appropriate Within 1-3 days HR Manager
Action Management
8. Issue Warning (s) As Necessary HR Manager,
Employee
9. Document Everything Immediately HR Manager
After
10. Communicate the Within 1-2 days HR Manager,
Decision Employee
11. Provide an Appeal Within 5-7 days HR Manager,Appeal
Process Panel
12. Review and Learn Annually HR Manager,
Management

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