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Showing posts from January, 2026

Understanding Constructive Dismissal: Why Workplace Behavior Matters More Than Termination Letters

 Constructive dismissal is what happens when an employee is pushed out of a job without being officially fired. In simple terms, it occurs when an employer makes the workplace so unfair, hostile, or intolerable that an employee has no real choice but to resign. Even though the employee submits a resignation letter, the law treats the situation as if the employer dismissed them. This concept is often misunderstood by both employers and employees, yet it carries serious legal and financial consequences. Recent Kenyan court decisions have clarified what constructive dismissal looks like in practice and why leadership behavior and workplace systems matter more than intention. What the Courts Mean by Constructive Dismissal Kenyan courts define constructive dismissal as a resignation caused by the employer’s conduct, where that conduct fundamentally breaches the employment contract or destroys the trust between employer and employee. The focus is not on whether the employer said “you are...

STOP! MANAGING PEOPLE.START MANAGING SYSTEMS.

The modern HR function is no longer defined by administration, policies, or manual oversight. Today’s organizations expect HR to design systems that improve efficiency, enhance accountability, and support business performance. At the center of this shift is data. When HR uses data to optimize systems and processes, decision-making becomes objective, predictable, and defensible. Poor performance, inefficiency, and inconsistency are often symptoms of weak systems—not people failure. Strategic HR leadership therefore requires building data-driven processes that guide behavior, improve utilization of resources, and align workforce management with organizational goals.  HR’s Strategic Role Has Shifted From Control to System Design Traditional HR relied heavily on supervision, reminders, and enforcement. While necessary, these approaches are reactive and unsustainable. Strategic HR leadership focuses on designing systems that work even in the absence of constant oversight. Well-designed ...

Why Reading Your Employment Contract Is No Longer Optional.

In today’s fast-changing labour market, securing a job offer often comes with excitement and urgency. Many employees sign employment contracts quickly, assuming the terms are standard or trusting verbal assurances from employers. However, an employment contract is a legally binding document that governs your rights, obligations, and exit from employment. In an era of rising labour disputes and strict compliance requirements, failing to read and understand contract clauses can lead to serious financial and legal consequences. This article explores why reading your employment contract is critical, the risks of ignoring its terms, and what Kenyan employment law requires. Your employment contract defines your relationship with your employer from day one to exit. It sets out your role, salary, working hours, leave entitlements, disciplinary procedures, and how termination will be handled. Why Your Employment Contract Matter s Under Kenyan employment law, specifically the Employment Act, 200...