Why employers should follow internal procedures before dismissing an employee

An employer should follow a fair process before reaching the final decision to dismiss or terminate an employee. What’s fair depends on the situation at hand, but they normally need to follow their own rules which must meet the standard set under Article 45 of the Constitution, Employment Act, 2007 as well as Fair Administrative Actions Act.

Fair procedure is provided for in section 41 of the employment Act. Section 26 of the said Act however provides that parties are also bound by their internal terms and conditions of service provided they are not in contravention of any written law.