In Churchil Winstones Ochieng v I&M Bank (2025), the Court held that an employer cannot terminate an employee’s employment for poor performance without first giving them a real chance to improve.

Although a Performance Improvement Plan (PIP) is not the only method to monitor this, the Court emphasized that PIPs have become the judicial standard. As such, failing to place an employee on a PIP or a structured improvement process makes the termination unfair.

Takeaway:
Before terminating employment on grounds of performance, an Employer must give the employee a genuine opportunity to remedy their performance.