Employers will no longer be able to fire their employees who are on probation without explaining why they are being dismissed. In the case, seven former Mount Kenya University employees sued the University for firing them in 2016 when their probation period was supposed to end. Monica Munira, Janis Makena, Milka Kiura, Frankline Kiogora, Pius Mundani and Lorraine Wambita were fired by MKU after their probation. Justices Monica Mbaru, Jorum Abuodha and Linnet Ndolo said section 41(1) of the Employment Act 2007 takes away the right to a fair hearing. They further noted that the section was discriminatory because apprentices and indentured learners enjoy the benefits of other employees but employees under probation do not.
Source: The Star August 03, 2021 13:04 UTC