Summary Dismissal Payments in Kenya: What You’re Entitled To

Summary dismissal is the immediate termination of employment without notice, typically for gross misconduct. While it may seem like you walk away empty-handed, that’s not entirely true—Kenyan labor laws guarantee certain payments, even after a lawful summary dismissal.

At Ultimate Forensic Consultants, we help employees understand their financial rights after termination and ensure employers handle dismissals fairly and legally. Let’s break down what payments you’re entitled to after a summary dismissal in Kenya!

1. What is Summary Dismissal?

✅ Summary dismissal occurs when an employee is fired immediately, without notice or payment in lieu of notice, for gross misconduct.

⚖️ It’s legal under Section 44 of the Employment Act, 2007, but even in these cases, employers must provide certain final payments.

👉 Important: Summary dismissal is not a free pass for employers to withhold everything—employees still have financial entitlements!

2. Payments You’re Entitled to After Summary Dismissal

Even after being summarily dismissed, Kenyan labor law ensures that you receive the following:

✅ 1. Salary for Days Worked Up to the Dismissal Date

👉 The employer must pay your salary for the period worked up to the day of dismissal.

Example:

• If you were dismissed on the 20th of the month, you’re entitled to payment for the first 20 days worked.
• This applies to both monthly and weekly wage earners.

📢 Tip: Your employer cannot legally withhold payment for work already done—this is a violation of labor laws.

✅ 2. Payment for Accrued and Unused Leave

👉 You are entitled to payment for any unused annual leave days accrued up to the date of dismissal.

Example:

• If you had 10 days of unused leave by your termination date, your employer must compensate you for those days.
• This is calculated based on your daily wage or salary.

📢 Tip: Even in cases of gross misconduct, your right to unused leave pay remains protected under the Employment Act.

✅ 3. Overtime and Other Benefits Earned

👉 Any unpaid overtime hours or commissions earned before the dismissal must be paid.

Example:

• If you worked extra hours in the weeks leading up to your dismissal, these must be compensated in your final paycheck.

✅ 4. Service Pay (If Applicable)

👉 Service pay is required if you were not part of a registered pension scheme, provident fund, or NSSF (National Social Security Fund).

Service Pay Calculation:

• Typically, this is 15 days’ wages for each completed year of service.

🚫 Note: If you contributed to NSSF, you are NOT entitled to service pay.

✅ 5. Certificate of Service

👉 Whether the dismissal was fair or not, your employer must provide a certificate of service (Section 51 of the Employment Act).

✔️ This document shows your employment period and position—important for future job applications.
✔️ The employer cannot include negative comments about your dismissal in this certificate.

3. Payments You’re NOT Entitled to After Summary Dismissal

🚫 1. Notice Pay or Payment in Lieu of Notice

👉 Unlike ordinary dismissal, summary dismissal means you are not entitled to:

• A notice period.
• Pay for the notice period (because the termination is immediate).

Example:

• If your contract required a one-month notice, you forfeit this payment in a lawful summary dismissal.

🚫 2. Severance Pay (Unless Agreed in Your Contract)

👉 Severance pay is typically only required during:

• Redundancy or retrenchment (not summary dismissal).
• If your employment contract includes a severance package clause.

4. How to Ensure You Get Paid After Summary Dismissal

👉 Step 1: Request a Final Payslip
✔️ This should detail your last salary, leave days, and any other benefits owed.

👉 Step 2: Request a Termination Letter
✔️ The termination letter should confirm the reason for dismissal and payments made.

👉 Step 3: File a Complaint with the Ministry of Labour
✔️ If your employer refuses to pay your final dues, you can file a complaint with the Labour Office.

👉 Step 4: Take Legal Action
✔️ File a case with the Employment and Labour Relations Court (ELRC) if your employer violates payment obligations.

5. What to Do If You Think Your Summary Dismissal Was Unfair

✅ 1. File an Internal Appeal

• Many companies allow employees to appeal a dismissal within 5–14 days.
• Request reinstatement or compensation.

✅ 2. Negotiate a Mutual Separation Agreement

• Seek severance pay or a neutral job reference in exchange for closing the matter.

✅ 3. File a Claim for Wrongful Dismissal

• The ELRC can order your reinstatement or award financial compensation for lost wages and emotional distress.

6. Sample Demand Letter for Final Dues After Summary Dismissal

[Your Name]
[Your Job Title]
[Company Name]
[Company Address]
[Date]

To: [HR Manager’s Name]
[Company Name]

Subject: Request for Final Dues Following Summary Dismissal

Dear [HR Manager’s Name],

I am writing to formally request payment of my final dues following my summary dismissal from [Company Name] on [Date of Dismissal]. Despite the nature of my termination, I am entitled to the following as per the Employment Act, 2007:

1️⃣ Salary for days worked up to my dismissal date.
2️⃣ Payment for any accrued and unused leave days.
3️⃣ Overtime pay (if applicable).
4️⃣ A certificate of service.

I request that my final dues be processed within [7 or 14 days] from the date of this letter. Failure to do so will leave me with no option but to seek legal redress through the Employment and Labour Relations Court.

Thank you for your time and attention to this matter. I look forward to a prompt resolution.

Sincerely,
[Your Signature (if printed)]
[Your Full Name]
[Your Contact Information]

📢 Tip: A formal demand letter often gets faster results than verbal requests!

7. How Ultimate Forensic Consultants Can Help

At Ultimate Forensic Consultants, we help employees:

🛡 Ensure They Receive Their Final Payments – We’ll make sure your employer pays what you’re legally owed.
🛡 Draft Demand Letters & Appeal Letters – Strengthen your communication with your employer.
🛡 File Legal Claims for Unfair Dismissal – We’ll help you seek compensation or reinstatement.
🛡 Negotiate Settlements & Compensation – If you want to resolve the issue quickly, we’ll fight for the best possible settlement.

📞 Fired unfairly or denied your final dues? Contact Ultimate Forensic Consultants today for expert support!

8. Conclusion

✅ Summary dismissal in Kenya means immediate termination without notice, but you are still entitled to:

• Payment for days worked.
• Compensation for unused leave.
• Overtime and service pay (if applicable).
• A certificate of service.

🚫 What you’re NOT entitled to:

• Notice pay or severance (unless specified in your contract).

📢 If your employer withholds your payments, you have every right to file a complaint with the Ministry of Labour or take legal action.

📞 Need help getting your final dues after summary dismissal? Contact Ultimate Forensic Consultants today!

FAQs

1. Can my employer refuse to pay me after a summary dismissal?
🚫 No! Kenyan labor law requires employers to pay your salary up to the dismissal date, unused leave, and any earned benefits.

2. How long should it take to receive my final dues?
✅ Final dues should be paid within seven days of your dismissal, as per labor best practices.

3. What if my employer ignores my demand for payment?
✅ File a complaint with the Ministry of Labour or take your case to the Employment and Labour Relations Court.

📢 Let Ultimate Forensic Consultants help you recover your dues—fast and legally!