Employment law advice and legislative updates
Routine advice on current rules and the changes that affect how a case must now be handled.
The first step in a difficult case is the one on record. Employee relations consulting at ACCUREX advises on dismissals, grievances, union matters and conciliation, so decisions are fair, documented and defensible from the first conversation.
An unfair-termination claim turns on what the employer did in the days around the decision, not on the arguments made six months later at the ELRC. A disciplinary meeting without a hearing, a termination letter missing the reason, a union notice ignored because nobody recognised it: each one puts the employer behind before the hearing opens. Employee relations advice is called in to make sure the first call, the first letter and the first meeting carry the case rather than hand it to the other side.
The scope of employee relations management at ACCUREX runs across six areas:
Routine advice on current rules and the changes that affect how a case must now be handled.
Permanent, fixed-term, probationary, casual-worker and internship contracts prepared or reviewed against the Employment Act.
Advice on how each is run, with the sequence and documentation that make the decision defensible.
The lawful route for a termination for cause, performance or redundancy, with the procedure named and followed.
Recognition, negotiation and the agreements that come out of talks under the Labour Relations Act.
The brief, the record and the position taken into a conciliation at the labour office or a filing at the ELRC.
Share the matter at hand, or the engagement you want to put in place, and ACCUREX will scope the engagement.
Get employee relations adviceThe facts, the stage reached, the documents in hand and the urgency are mapped before any step is advised.
The lawful route is set out, with the sequence of meetings, letters and decisions that each stage requires.
Minutes, letters, hearing records and decision rationales are prepared or reviewed as the matter proceeds, so the file sits in order.
The matter is closed, the outcome recorded, and the pattern (if there is one) fed back into policies or training.
A monthly retainer for a predictable volume of matters, or per-case support when the volume is unpredictable; the choice is the buyer's.
Contract reviews and urgent matters are turned around quickly; the timeline for each is agreed when the matter is received.
Advice is anchored in Kenyan employment law and in HR judgement from matters previously handled, not citation without a route to act.
Four Acts carry the weight for the matters this service handles:
Section 44 lists examples of conduct that may amount to gross misconduct for a summary dismissal, including wilful neglect of duties, absence without leave, intoxication at work, and theft or a reasonably suspected offence against the employer. Section 46 lists reasons that do not constitute fair grounds for termination, which include pregnancy and family responsibility.
Sections 41, 43 and 45 set the notice, the hearing and the proof the employer must bring; these are set out on the Performance Management page and are not re-cited here.
Section 40 governs redundancies; procedure, notice and severance sit on the Organisation Design and Restructuring page and are not re-cited here.
Union recognition, strike procedure, collective bargaining and the conciliation route run under this Act. Advice is given on each where it applies.
The ELRC hears disputes under the two Acts; preparation for a filing or a conciliation includes the record, the position and the bundle of documents.
A compliance reviewer signs off on the sections referenced in any published policy or client letter, so the advice reflects the Act as currently in force.
Employers of all sizes, EOR providers, and organisations where management employee relations have to be rebuilt or defended.
Advice on dismissals, grievances, investigations, disciplinary hearings, redundancies, union recognition, collective bargaining, conciliation at the labour office and preparation for the Employment and Labour Relations Court. The scope is advisory, with document drafting and review, not courtroom representation.
Both. A monthly retainer suits an employer with a steady volume of matters and a wish to have advice on call. Per-case support suits an employer with an unpredictable volume. The engagement letter sets the model, the scope and the response times, and the model can change as volume changes.
Contract reviews and urgent matters are prioritised, and the specific turnaround is agreed with the sponsor at the point the matter is received. The engagement letter sets the base response times for the retainer; per-case work is priced and timed on the brief.
A written notice, enough time to prepare, the right to a representative, the hearing itself held in a language the employee understands, a fair chance to answer the allegations and a written decision with reasons. The sections that frame these are set out on the Performance Management page.
Section 46 of the Employment Act lists reasons that are not fair grounds, including pregnancy or anything connected to it, absence during authorised leave, participation in a lawful strike, and seeking office in a trade union. A termination resting on these is unfair under section 45.
Under the Labour Relations Act, 2007. Recognition, strike notice, negotiation and the conclusion of a collective bargaining agreement each follow a procedure; ACCUREX advises on the posture, the sequence and the record the employer should keep through the talks, and sits in on sessions where that is useful.
The labour officer convenes the parties to try to resolve the matter without a filing. ACCUREX prepares the brief, the record and the position for the room, and advises on trade-offs where settlement is possible. If it does not resolve, the record is ready for ELRC.
When an internal process is complete or has failed, when a conciliation did not resolve the matter, or when a party files a claim directly. ACCUREX prepares the employer-side pack, works with external counsel where instructed, and ensures the employer's record is in order before any step is filed.
Yes. Line-manager training on discipline, grievance, documentation and difficult conversations is run as a standalone session or as part of a wider programme under Corporate Training. The content is drawn from the matters ACCUREX actually handles, so managers practise against real cases.
Every meeting carries a dated minute. Every letter states a reason that matches the policy. Every decision names the person who made it and the evidence behind it. The file is built as the matter runs, so the record is already there when a conciliator or judge asks.
The matter in hand (or the retainer you want in place), the documents you already have and the deadline, if any, are enough to open a conversation.
Get employee relations adviceTell us what you need. An ACCUREX consultant will respond with practical next steps and a clear scope.
