Redundancy is common among employers who seek to restructure their businesses. It is one way of terminating a contract of employment other than through dismissal or retirement. The definition of retrenchment is the loss of employment, occupation, job, or career by involuntarily means through no fault of the employee. It is at the initiative of the employer, where the services of an employee are superfluous, and the practices commonly known as abolition of office, job, or occupation and loss of employment. However, it is by no means a get-out-of-jail-for-free card for employers.
There is a process to be followed and substantive safeguards to be adhered to. In this podcast, Christine Mugenyu and Kevin Kipchirchir analyse the requirements for redundancy in Kenya and more particularly highlighting the recent ELRC determination in Tom Kimaru v. Nairobi Securities Exchange PLC.