Before Drafting That Hr Policy, You Should Know That There Is A World Of Difference Between Equality And Equity

The Bill of Rights in the Constitution of Kenya recognises the right to equality and freedom from discrimination and provides that no person including the State shall discriminate, directly or indirectly, against any person on any ground including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, […]
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Failure To Follow Due Process In Termination Of An Employment Contract Can Be Costly

In February, 2017, the Employment and Labour Relations Court delivered a judgment in which it determined that the procedure employed by the Kenya Police Force in dismissing Sergeant Emmanuel Nyiro Chai from service was unconstitutional and a breach of his right to fair administrative action. The claimant faced a disciplinary charge containing the alleged offence […]
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Documents – Only Procedure In Arbitration: When To Consider Adopting It

Documents – only procedures are allowed by most arbitration institution rules. In ad hoc arbitrations, the parties may invoke rules which allow for documents only procedures or opt for this procedure in exercise of party autonomy. As the name suggests, a documents-only procedure in arbitration allows the arbitrator, with the consent of the parties, to […]
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