Summary Dismissal: What It Is and How to Handle It

Summary dismissal is the immediate termination of an employee’s contract without notice or pay in lieu of notice, typically for gross misconduct. Unlike a normal dismissal, where an employer must provide notice, summary dismissal happens instantly — but it must still follow legal due process.

At Ultimate Forensic Consultants, we help both employers and employees understand their rights and responsibilities in cases of summary dismissal. Let’s break it down!

1. What is Summary Dismissal?

✅ Summary dismissal occurs when an employee is fired without notice due to serious misconduct that fundamentally breaches the trust required for the employment relationship.

👉 Key Difference: Unlike ordinary dismissal (which requires notice), summary dismissal happens immediately—but it must still be fair and lawful.

2. Legal Grounds for Summary Dismissal

Under Section 44 of the Employment Act (Kenya), an employer may summarily dismiss an employee if they engage in:

🚩 Gross Misconduct:

Theft or fraud.
Physical assault or violence at the workplace.
Willful neglect of duties.
Drunkenness or being under the influence of drugs during work hours.
Serious insubordination or refusal to follow lawful instructions.
Damage to company property due to negligence.

📢 Tip: For a dismissal to be lawful, the misconduct must be serious enough to destroy the employer-employee relationship.

3. What Employers Must Do Before a Summary Dismissal

👉 Even though it’s an immediate termination, due process still applies!

✅ Step 1: Issue a Show Cause Letter

Inform the employee of the allegations in writing.
Give them a chance to respond.

✅ Step 2: Hold a Disciplinary Hearing

Allow the employee to defend themselves.
They can bring a colleague or union representative to the hearing.

✅ Step 3: Make a Fair Decision

Base the dismissal on evidence, not assumptions.
Provide a written termination letter explaining the reason for summary dismissal.

📢 Warning: Failing to follow this process makes the summary dismissal unfair and unlawful—even if gross misconduct occurred.

4. Rights of an Employee After Summary Dismissal

✅ Even after a summary dismissal, you are entitled to:

Payment for days worked up to the dismissal date.
Payment for any unused leave days.
A certificate of service (as per Section 51 of the Employment Act).

🚫 What you’re not entitled to:

Payment for the notice period (unless the dismissal is found to be unfair).

5. What to Do If You’re Summarily Dismissed

👉 Step 1: Request a Termination Letter

Ask for a written explanation of the reason for dismissal.
This is your right under Kenyan labor laws.

👉 Step 2: File an Internal Appeal

Many companies have internal grievance procedures—use them!
Appeal if you believe the dismissal was unfair or disproportionate.

👉 Step 3: File a Complaint with the Ministry of Labour

If your appeal fails, you can file a complaint with the Labour Office for wrongful dismissal.

👉 Step 4: Take Legal Action

File a case at the Employment and Labour Relations Court (ELRC) for compensation, reinstatement, or damages for unfair termination.

6. How to Challenge an Unfair Summary Dismissal

✅ Grounds for Challenging:

Lack of due process (no disciplinary hearing).
Insufficient evidence of gross misconduct.
Discrimination or retaliation.
Harsh punishment for a minor offense.

7. Sample Appeal Letter for Summary Dismissal

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

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

Subject: Appeal Against Summary Dismissal

Dear [HR Manager’s Name],

I am writing to formally appeal my summary dismissal from [Company Name] on [Date of Dismissal]. I believe the decision was unfair, and I request a fair review of my case for the following reasons:

1️⃣ Lack of Due Process: I was not given a disciplinary hearing or an opportunity to respond to the allegations before my termination, which violates Section 41 of the Employment Act.

2️⃣ Insufficient Evidence: The reason given for my dismissal—[State Allegation]—was based on incomplete information. I have attached supporting documents that clarify my role in this matter.

3️⃣ Disproportionate Punishment: I believe that immediate dismissal was excessively harsh, considering my [Number of Years] of service and my positive performance record.

I respectfully request that my dismissal be reconsidered, and I am open to discussing alternative resolutions such as reinstatement or a mutual separation agreement.

Thank you for your time and attention to this matter. I look forward to your response.

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

📢 Tip: Strong, fact-based appeals often lead to reinstatement, a fair settlement, or compensation!

8. How Ultimate Forensic Consultants Can Help

At Ultimate Forensic Consultants, we specialize in:

🛡 Defending Employees Against Unfair Summary Dismissals – We ensure employers follow due process.
🛡 Drafting Strong Appeal Letters – Highlighting legal violations and procedural errors.
🛡 Filing Legal Claims for Unfair Dismissal – Representing employees in court to seek compensation or reinstatement.
🛡 Providing Legal & HR Support to Employers – Helping companies conduct fair disciplinary hearings and avoid wrongful dismissal lawsuits.

📞 Facing a summary dismissal? Contact Ultimate Forensic Consultants today for expert support!

9. Conclusion

Summary dismissal is a serious action that can only be justified by gross misconduct—and even then, it must follow legal and procedural fairness. If you’ve been dismissed unfairly, you have the right to challenge the decision, seek compensation, and protect your professional reputation.

📞 Need help with a summary dismissal case? Contact Ultimate Forensic Consultants today!

FAQs

1. Can my employer fire me immediately without a hearing?
🚫 No! Even in cases of gross misconduct, your employer must provide a disciplinary hearing before dismissal (as per Kenyan labor laws).

2. What’s the difference between summary dismissal and ordinary dismissal?
✅ Summary dismissal is immediate, without notice, and for gross misconduct.
✅ Ordinary dismissal requires notice or payment in lieu of notice.

3. Can I get compensation for unfair summary dismissal?
✅ Yes! The Employment and Labour Relations Court can award you reinstatement, compensation for lost wages, and damages for emotional distress.

📢 Need support? Let Ultimate Forensic Consultants fight for your rights!