It's unconstitutional to fire staff on probation at will, court rules

Industrial court judge justice Monica Mbaru. [Fidelis Kabunyi, Standard]

A law allowing employers to kick out employees under probation without explaining why they are dismissing them is unconstitutional.

The Labour Court found that Section 42(1) of the Employment Act, 2007 takes away the right to a fair hearing as it does not give the employee an opportunity to shop for a union representative, or an employee to plead his or her case, hence against the supreme law.