You have that star employee who hits targets but is always late, ignores rules, or disrespects colleagues. It’s a headache, si rahisi balancing their results with the chaos they bring to the team.
This guide gives you a clear, step-by-step plan to address this delicate situation. The process requires patience, but the steps are straightforward to implement and can restore order without losing your top performer.
What You Need Before You Start
Tackling indiscipline with a high performer is sensitive. You must be prepared to avoid claims of unfair treatment or bias. Before you call that meeting, gather these items to ensure you act professionally and within Kenyan labour law.
- A Clear Company Policy: You need your staff handbook or disciplinary policy. This document, often drafted with a lawyer, defines offences like lateness or insubordination. It should outline the progressive disciplinary process.
- Documented Evidence: Gather specific records: attendance registers, warning emails, or witness statements. Vague accusations won’t work. This evidence is crucial for a fair hearing and protects you at the Labour Office if disputes arise.
- Knowledge of Employment Act: Understand the legal framework. The Employment Act, 2007, governs fair termination. You can download it from the Kenya Law Reform Commission website for free or consult an HR expert.
- A Calm and Private Venue: Schedule the discussion in a confidential meeting room. This shows respect and allows for an honest, uninterrupted conversation away from other staff.
Step-by-Step: How to Deal with High Performing Employees Who Are Indisciplined in Kenya
Follow these six clear steps, which require consistent action over several weeks, to correct behaviour while preserving a valuable employee’s contribution.
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Step 1: Schedule a Private Informal Chat
Invite the employee for a one-on-one talk in a private office. Start by acknowledging their good performance to show you value them. Then, calmly state the specific indiscipline issue, like consistent late arrival, and listen to their side of the story without interruption.
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Step 2: Issue a Formal Verbal Warning
If the behaviour persists, escalate to a formal verbal warning. Have a witness, like another manager, present. Clearly state the rule broken, the expected change, and the consequence of further action. Document this discussion in writing and have the employee sign an acknowledgment, which you file.
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Step 3: Deliver a Written Warning
Prepare a formal written warning letter referencing your company policy and the Employment Act. Detail the misconduct, previous discussions, and a clear improvement period. Have the employee sign it; if they refuse, note this with a witness. This document is critical for any future Labour Office case.
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Step 4: Conduct a Formal Disciplinary Hearing
If there’s no improvement, organize a formal hearing. Provide the employee with all evidence and allegations in advance. Allow them to bring a colleague or union representative. This fair hearing process is a legal requirement before any severe disciplinary action like suspension.
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Step 5: Decide on Appropriate Sanction
Based on the hearing, decide on a sanction like final written warning, suspension without pay, or role adjustment. Ensure the punishment is proportional and consistent with how you’ve treated similar cases in the past to avoid claims of victimization.
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Step 6: Monitor and Provide Support
After any sanction, actively monitor the employee’s conduct and performance. Schedule regular check-ins to offer support and feedback. If they improve, acknowledge it; this positive reinforcement can solidify the change and mend the working relationship.
Common Problems and How to Fix Them
The Employee Claims Victimization or Bias
This is common, especially if they are the only one being disciplined. The fix is to have impeccable, consistent records. Show documented evidence of the misconduct and prove you have applied the same company policy to other staff in the past. This strengthens your position if they report you to the Labour Office.
Their Performance Drops After Being Disciplined
Sometimes an employee becomes demotivated. The fix is to balance firmness with support. After the disciplinary action, have a separate meeting to reaffirm their value to the team and discuss any support they need. Clearly separate the behaviour issue from their work output to rebuild morale.
Other Team Members Start Copying the Bad Behaviour
If you don’t act decisively, indiscipline can spread, causing mutiny. The fix is to be transparent (without breaching confidentiality) that matters are being handled per company policy. Reiterate the rules to the whole team to reset expectations and show you are in control.
The Employee Involves a Union or Lawyer Immediately
This can intimidate managers. Don’t panic. The fix is to ensure every single step you’ve taken is documented and legally sound. Continue the process formally and consider consulting your own company lawyer. You can also contact the Central Organization of Trade Unions (COTU) or the Federation of Kenya Employers (FKE) for advisory guidance on handling unionized staff.
Cost and Timeline for How to Deal with High Performing Employees Who Are Indisciplined in Kenya
The main costs are not official government fees but potential business losses and legal expenses. The timeline is measured in weeks, not days, to ensure due process.
| Item | Cost (KES) | Timeline |
|---|---|---|
| Management Time & Documentation | No direct fee, but significant man-hours. | 2-4 weeks for the full process. |
| Legal Consultation (if needed) | 5,000 – 20,000+ per session | Varies; advisable before a hearing. |
| Labour Office Case (if filed by employee) | No filing fee for the employee. | Months for resolution; includes your legal costs. |
| Potential Settlement or Severance | Can be 1-12 months’ salary. | Paid if process is flawed and termination occurs. |
Hidden costs include lost team productivity and morale. Costs do not differ by county, but legal fees may vary. The biggest cost is getting it wrong, so invest time in doing it right the first time.
The Bottom Line
Dealing with a high-performing but indisciplined employee is a test of your leadership, not just your policy. The process goes smoothly when you combine firmness with fairness, and document every single conversation and incident. This protects you, the company, and even the employee by ensuring everything is transparent and above board.
Have you faced this management dilemma before? Share your experience or challenge in the comments below. For more on building a strong team culture, read our next article on effective performance reviews in the Kenyan workplace.
Frequently Asked Questions: How to Deal with High Performing Employees Who Are Indisciplined in Kenya
Can I fire a high performer for indiscipline immediately?
No, summary dismissal is only for gross misconduct like theft or violence. For issues like lateness or insubordination, you must follow the progressive disciplinary process outlined in the Employment Act.
Jumping to termination without warnings and a hearing will almost certainly lead to a successful unfair dismissal claim at the Labour Office, which is costly.
What if the employee refuses to sign a warning letter?
Do not force a signature. Instead, have a witness (like another manager) present who can sign to confirm the letter was delivered and the employee refused.
Note “refused to sign” on the letter itself, with the date and witness name. This documented refusal is still valid evidence in a disciplinary process.
How long should I give for improvement after a warning?
The improvement period should be reasonable and specific. For ongoing issues like punctuality, two to four weeks is typical to see a sustained change.
State the exact end date in the warning letter. This creates a clear timeline for monitoring and for any next steps if there’s no improvement.
What are the legal costs if this goes to the Labour Office?
There is no fee for the employee to file a case. Your costs will be for legal representation and potential awards if you lose. Legal fees can start from KES 50,000.
If the court finds the dismissal unfair, you may be ordered to pay up to 12 months’ salary in compensation, making proper procedure a wise investment.
Can I reduce their salary or demote them as punishment?
Unilaterally reducing pay or demoting an employee is a breach of contract and illegal. Any such change requires the employee’s written consent.
A legal alternative is a final written warning with a clear probationary period for their behaviour, where further incidents could lead to termination.
