Issues Considered at Nakuru Employment and Labour Relations Court in Rulings on Successful Involuntary Employment Terminations, 2013-2020.

Abstract

The objective of the research project was to identify the issues that were considered on successful involuntary employment terminations (IET) in Nakuru County from the year 2013 to 2020. The study sought to establish the issues considered in determination of successful involuntary employment terminations. Noted issues were revolving on summary dismissal, redundancy, restructuring, poor performance and physical incapacity as basis for successful involuntary employment terminations. The literature review anchored the research on the social exchange theory. Other important theories covered were; rational choice theory and conflict theory. The research was conducted by sampling online data from Kenya Law Reports repository. Determination of sample size was by use of Yamane sample size formula. The researcher randomly sampled 271 cases to investigate involuntary employment terminations which were successful. The sample was picked from the target population of 836 IET cases ruled at Nakuru employment and labour relations court for the study period by use of Microsoft Excel. Stratified random samples were derived; data was collected using data collection forms. Collected data was tallied, analyzed and presented in tables, figures, charts and percentages. Data was further statistically analysed by measures of central tendency to determine inherent relationships. The research found out that majority of IET cases were lodged by employees (99%) where employers succeeded in only 32% of them. Gross misconduct, redundancy and poor performance were outlined as the major issues considered and acknowledged by the Nakuru employment and labour relations court judges in determining success of an involuntary employment termination. This research complements the human resource theory with reliable literature on IET. Both employers and employees will find this study meaningful through insights on the issues that compromise their contractual relationships. In addition, the research has cited and suggested other additional areas for further research.