A story is told of an employee who was demoted by his employer and had his salary deducted. He was not given prior notice or consulted upon. All he received was a letter showing the directive and restructuring as a reason for the demotion.
Not happy about how his employer acted, he went to court to challenge the decision. The result; the court found that his employer was in the wrong and directed the company to pay the employee his denied dues. According to the courts, the employer acted unlawfully.
Most employees today suffer because they do not understand what the Kenyan law states. If you have been demoted at your company, ensure that your employer has followed the due cause. And if you feel your demotion was unfair, make a complaint to have the directive corrected.
To help you understand what the Kenyan law on demotion says, below is a breakdown of when it is okay for an employer to demote you.
What the Kenyan Law on Demotion Says
1. A Demotion is Lawful Only When there is Prior Discussion between Employee and Employer
The demotion of an employee constitutes a change in employment particulars, including the job position, responsibilities and salary. In this regard, the Kenyan Law on demotion as provided for under section 10 of the Employment Act of 2007 states that an employer must consult with an employee before the demotion.
According to the provision, “Where employment particulars change, the employer shall, in consultation with the employee, revise the employment contract to reflect the change and notify the employee of the change in writing.”
This means that an employer must first sit with an employee and discuss the demotion, before going ahead with the actual demotion.