07Jun

6 Essential Tips For a Successful Interview

Getting the call to interview is a bittersweet moment. Sweet because you passed the first round of shortlisting and bitter because the interview process can be daunting and nerve wrecking.

But, with the right preparation, you can increase your chances of acing your interview. In this article, we will explore Tips for you to have a successful interview.

Research The Company

It is important for you to know about the company that you are looking to work with. Dedicate a few hours learning about everything you can about the company. This information can be accessed online via the company website, professional social platforms such as LinkedIn as well as Google. It is advisable to use different sources of information, to make sure that you get a broad picture of the company and also be ready to answer questions on why you’d like to work there.

Prepare and Practice

You can prepare by understanding the role that you applied for, by taking a closer look at the Job description and matching it with your skills.

You can also prepare by practicing answering the common interview questions, and answering them in relation to how your skills fit what they are looking for.

Also prepare some questions for the interviewers as well, this shows interest in the position.

Dress Appropriately and be punctual

First impressions last and it is in your best interest not to get to your interview late. In fact, consider arriving a few minutes earlier. This will give you time to get settled in, calm your nerves and brush up on areas you might need to.

Dress appropriately for the interview, this shows professionalism.

Improve your interview skills

Interviews are not only about the questions the interviewer asks, but also about how you answer them.

How good are you at active listening? Small talk? Body language? Know that the interviewer is keen about these aspects and you should too.

Prepare for off guard questions

Or rather, know what to do if caught off guard. It’s a good idea to avoid dead air after being caught off guard by having a tactic to buy some time to think.

Repeating the question thoughtfully before answering is one tactic you can use to avoid stalling.

Send a thank you note after the interview.

This is a courteous gesture that can leave a positive impact on the interviewers. Purpose to send the note 24-48 hours after the interview, expressing your gratitude for the opportunity to interview and briefly stress on your interest to work with the company.

 

By applying the above tips, you will be prepared for your interview. Remember, an interview is a chance for you to showcase your skills, and by preparing you increase your chances of landing your dream job!

02Jun

Promoting mindfulness and self-care in the workplace

Mindfulness in the workplace refers to maintaining a present state of mind, and being aware of one’s thoughts, feelings, and actions. In the current fast-paced work environment, mindfulness ensures employees stay focused on the task at hand amidst internal and external stimuli eventually achieving the required productivity and efficiency. Mindfulness plays an important role in reducing stress by promoting a sense of calm, resulting in a positive impact on individual and collective mental health.

Self-care goes hand in hand with mindfulness, it means intentional actions that an individual takes to boost mental, physical, and emotional well-being. It has traditionally been reserved for outside work hours but we can all agree that work is invariably intertwined with our life routines. Self-care in the workplace looks different, it involves having boundaries, catching onto signs of stress, and prioritizing your own mental health.

To have a satisfying and beneficial experience with self-care and mindfulness, employees are encouraged to practice tips including but not limited to;

Mindfulness tips:

  • Being consciously present while handling a task, for instance, if you’re preparing a report give it your full attention.
  • Indulge in short mindful exercises during your work day, this may look something like a minute off work activity to take deep silent breaths.
  • Be a ‘single-tasker’ – monotasking is a reminder to focus on one task at a time, multitasking is much more likely to degrade our performance on each of the tasks at hand.
  • Slowing down to speed up – the mindful way of working is to decelerate for a short while and reflect, thereafter get back to a project fully rejuvenated which results to more productivity and efficiency.
  • Make stress your friend – Sounds ridiculous right? Viewing a problem that causes stress as a positive challenge improves productivity and achievement at work.

Self-care tips:

  • Organizing and setting limits on tasks handled per day.
  • Utilizing one’s breaks to engage in an enjoyable activity such as taking a walk.
  • Including items on the workstation that evoke joy, could be a small family portrait or motivational quote.
  • Set defined boundaries such as turning off emails during the weekend and taking sick leave to prioritize physical health.
  • Constantly hydrating and having healthy lunch.

How can employers support self-care and mindfulness in the workplace?

  • Offer mindfulness coaching – A coach can help employees develop coping skills to better handle daily challenges and regulate emotions.
  • Support employee breaks – Getting some time to recharge is fundamental in preventing burnout, therefore, improving productivity. Employers need to create clear leave policies that truly support clocking out of staff to relax.
  • Design an ergonomically friendly workplace – This is a work environment with adequate lighting and offers options for a variety of working postures where employees thrive and are more comfortable.
  • Recognize accomplishments – Intrinsic and/or extrinsic rewards not only encourages employees but also make them feel valued. Such small gestures make a difference in employee retention, morale, and motivation.
  • Foster good habits – Encourage employees to log off and shut down to promote work-life balance, discourage eating lunch at the computer and practice what you preach. Set an example by living your own self-care rules!

It is important to integrate self-care and mindfulness in both our professional and personal lives to maintain positive mental health.

25May

Accommodations for Employees with Mental Health Conditions

A mental health condition is an important determinant of an individual’s ability to achieve maximum productivity in the workplace. Most employers have at least one employee with a mental health condition at any given time. Human Resource Professionals in organizations ought to be keen to identify employee mental health conditions since they are not as visible as physical and communication disabilities, and subsequently offer required accommodations.

Reasonable accommodations are adjustments to a work environment that make it possible for qualified employees with mental illness to perform according to expectations and contractual agreements with the employer. Most accommodations can be made for minimal or no cost at all and a bit of input in terms of time and planning. Effective accommodations assist employees resume work faster after mental illness related leave, eliminate costs due to lost productivity, and also aid in recruiting and retaining qualified employees.

The process of developing and implementing accommodations begins with input from the employee. Accommodations vary, similar to people’s strengths, work environments, and job duties.

Here are some accommodations that can be incorporated in a company for employees with mental health conditions to enable them more effectively perform their jobs;

Job duties adjustments   

  • Prioritizing and restructuring to cater to essential job duties first and finalize with non-essential job functions.
  • Organizing large assignments into smaller tasks and goals.
  • Support and/or time for orientation activities, training and learning job tasks, and new responsibilities.

Office modifications 

  • Reduction and/or removal of distractions in the work area such as adjustment of telephone volume.
  • Relocation away from noisy machinery and environment.
  • Balance of lighting to ensure employees perform visual tasks efficiently and manage side effects of mental health illness.

Management/supervision interventions 

  • Implement suitable leadership styles and open communication between employers and employees regarding performance and work expectations.
  • Tackle employee relations issues before they get out of hand.
  • Regular discussions either weekly or monthly on workplace issues and productivity as part of annual performance appraisals to assess abilities and discuss promotional opportunities.
  • Create employee awareness on right to mental health accommodations.
  • Enforce written work agreements that include any agreed upon accommodations, long-term and short-term goals, expectations of responsibilities and consequences of not meeting performance standards.

Flexible working arrangements – Telecommuting and/or working from home. 

Scheduling – Part-time work hours, reporting and leaving time adjustments, compensation for missed time.

Leave – Sick leave for reasons related to mental health, flexible use of annual leave, additional unpaid leave for treatment or recovery, leaves of absence for therapy and other related appointments.

Work breaks – Flexibility in scheduling breaks in terms of individual needs rather than a fixed schedule, provision of backup coverage during breaks, and telephone breaks during work hours to call professionals and others needed for support.

It is important to note that Part 2, Section 5 (3) (a) of the Kenyan Employment Act states that;

No employer shall discriminate directly or indirectly, against an employee or prospective employee or harass an employee or prospective employee— on grounds of race, color, sex, language, religion, political or other opinion, nationality, ethnic or social origin, disability, pregnancy, mental status or HIV status.

It is therefore a core duty of employers to ensure employees with mental health issues are fully supported to effectively and efficiently perform optimally at work.

19May

Mental Health Support at the Workplace

Mental Health in the workplace

Human Resource Professionals have always been concerned about managing mental health in the workplace. Some workers find it difficult to maintain their mental health, which has led to a decline in staff morale and decreased productivity. Additionally, more workers are battling substance usage.  This raises the issue of how the HR department can assist staff members who are experiencing mental health issues.

  1. Promote Company-Wide Mental Health Resources

Chances are your company has mental health programs available but many employees are not aware. For example, most insurance plans offer an Employee Assistance Program (EAP). EAPs are voluntary, work-based programs that offer mental health assessments, short-term counseling opportunities, referrals to specialists, and follow-up services to employees. They serve as the first place an employee can go if they need help.

Does your company’s insurance plan cover mental health? If so, to what extent?

  1. Host Mental Health Support Training

As HR professionals, you are experts at understanding workplace dynamics as it relates to mental health. However, you don’t interact with your staff every day. To lessen stigma and teach them how to access the appropriate mental health resources, it is crucial that managers and staff members complete mental health training. Your department can engage an external consultant or specialist, organize internal training sessions, or enroll staff in online training courses. There are still many misconceptions around mental health. By giving employees training, you may assist them understand what the problem is and how to get help before it gets worse.

  1. Provide a Healthy Work/Life Balance

Long-term stress has been demonstrated to have significant negative consequences on people’s physical and mental health. An increased risk of anxiety, depression, mood disorders, substance abuse, occupational accidents, and interpersonal conflict between co-workers can result from professional burnout. When experienced simultaneously, not getting enough time off from work can be particularly harmful to mental health.

It is impossible to overstate how important work-life balance is. The consequences affect not only you but also people close to you. People you engage with at work and outside of it will value the opportunity to do so when you are at your best. Your personal connections will improve as a result of the devoted concentration once work isn’t permitted to consume your free time. On the other hand, maintaining a healthy personal life helps lessen unplanned interruptions at work, increasing productivity.

Prioritize Mental Health

HR departments are the first places employees go if they need assistance. But, it’s also important to proactively communicate all modes of mental health support. Start off by reviewing your company’s health insurance coverage to ensure that mental health is covered and then begin promoting these services to your employees.

Most importantly, offer an open and friendly HR environment where employees feel safe discussing their concerns or issues.

09May

Supportive Workplace Culture

SUPPORTIVE WORKPLACE CULTURE

 A supportive workplace culture is a culture that prioritizes its employees’ well-being and encourages a sense of belonging and teamwork. It fosters employees who feel valued, respected, and encouraged to do their best work. Every firm needs a positive company culture since it inspires workers to put in their best effort. When employees are inspired, they may put in more effort and give their best effort.

Did you know that companies with highly engaged employees outperform their competitors in earnings per share? That’s because engaged employees are more productive, creative, and committed to the success of the organization. A key factor in employee engagement is a positive workplace culture, which fosters a sense of community, purpose, and mutual support among employees.

Elements/characteristics of a supportive workplace culture

A supportive workplace culture is characterized by

  1. Intentional focus on boosting morale and improving company culture. It takes intentional efforts from everyone within the organization. Leaders are responsible for setting the tone and making the culture a priority.
  2. Effective and clear communication both from the employer and employee. Communication should be clear, courteous and proactive. Nothing is more frustrating for an employee than an ambiguous job expectation. A positive workplace culture values clear and open communication among employees, and between employees and the management.
  3. Employees receive appreciation for their efforts and successes and feel appreciated and valued for their contributions and ideas. Recognizing good work is an important morale booster and helps encourage employee engagement.
  4. An environment that promotes honest and open communication, where employees feel comfortable sharing their opinions, concerns, and criticism with their peers and superiors.
  5. In order to accomplish shared goals and objectives, employees are urged to cooperate and work as a team.
  6. The company provides training and development opportunities, mentorship, and other tools to promote the growth and development of its personnel. Best employees want more than to just punch a time clock each day for a paycheck. They want a c hance to better themselves and grow on their job. Companies that create a great work environment are often made up of leaders who truly value their employees and are committed to helping them grow personally and professionally.

 

Advantages of a supportive workplace culture

Creating a supportive workplace culture is important for the well-being of employees and the success of the organization. It can lead to a range of benefits, including improved employee retention, increased productivity, and better business outcomes. A supportive workplace culture can bring numerous advantages for both employees and the organization as a whole. Some of the notable advantages are

  1. It may result in higher levels of productivity, improved job performance, and job satisfaction. Increased employee engagement and motivation makes them feel feel appreciated, respected, and supported.
  2. When employees feel supported and valued by their organization, they are less likely to leave for other opportunities. This can lead to improved retention rates and reduce employee’s turnover, and creates a more stable workforce.
  3. A supportive workplace culture fosters a sense of community and teamwork, because it encourages open communication, mutual respect, and collaboration, which can lead to better collaboration and communication among employees, and improved team performance. This in turn lead to better teamwork and a more cohesive and productive work environment
  4. When employees feel supported and empowered to take risks and think creatively, they are more likely to come up with new and innovative ideas. This leads to improved products and services, and a more competitive edge for the organization.
  5. A supportive workplace culture can help reduce stress and promote mental health and well-being among employees. This leads to a happier and healthier workforce, and ultimately, improved performance, increased productivity and better business outcomes.
  6. A supportive workplace culture can help to attract top talent and improve an organization’s reputation as an employer of choice.
  7. When employees feel valued and supported, they are more likely to provide better customer service, which can lead to increased customer satisfaction and loyalty.

How to improve workplace culture

All stakeholders must commit to the continual process of workplace culture reform and work together to make it better. Organizations can establish a welcoming and encouraging work atmosphere that encourages participation, innovation, and productivity by using these methods.

  1. Encourage open communication between employees and leadership to create an environment where people can voice their concerns, share ideas, and provide feedback. An important measure of the heart and soul of company’s organizational culture is the way its people communicate with each other. It’s not the content of the communication that are important, but the way leaders and team choose to communicate.
  2. Leadership must model the behaviors and values that they want to see in the workplace. This can help establish trust, respect, and integrity within the organization.
  3. Give employees autonomy and decision-making power to create a sense of ownership and accountability. This can help increase engagement, motivation, and job satisfaction. Rather than micromanaging the team ie setting goals for instead of with them, but by setting the tone and expectations for how the teams function, leaders can build a great team that encourages autonomy. Teams don’t need to be told what to do, they need guidance. Giving your team this kind of self-governing power is one of the keys to building a culture of teamwork and contribution.
  4. Offer opportunities for employees to learn and develop their skills and careers within the organization. This can help increase employee loyalty and reduce turnover rates.
  5. Recognize and reward employees for their hard work, accomplishments, and contributions to the organization. Appreciation is feeling valued for one’s unique point of view, attitude, talent and contribution, while recognition is the action of showing appreciation. This can help increase morale, motivation, and job satisfaction.
  6. Provide a safe and healthy workplace environment that promotes well-being, respect, and inclusion. This can help reduce stress and mental health issues among employees.
  7. Establish a feedback mechanism to monitor and assess the effectiveness of workplace culture improvement efforts. This can help identify areas for improvement and provide insights into the organization’s culture.

In conclusion, in today’s job market, employers must offer more than just high pay and benefits to attract top talent. Modern-day job seekers want companies with a great work environment that makes showing up each day enjoyable. Not only does a positive workplace culture help attract and retain employees, it also has a direct impact on a company’s success.

To create a positive workplace culture, businesses should focus on fostering open communication, setting a positive example, empowering employees, providing opportunities for advancement, recognizing and rewarding success, fostering a welcoming work environment, and implementing a feedback mechanism. By investing in a supportive workplace culture, organizations can promote a more positive and productive work environment and, as a result, achieve stronger financial results.

25Apr

Performance Improvement Plan

A Performance Improvement Plan (PIP) is a structured system or tool used to progressively and consistently monitor the performance of employees who are below expectations to address their unsatisfactory performance. It is also used to protect employers against unfair dismissal claims.

Plans for performance improvement are regularly suggested as a result of performance appraisals. As a result, if an employer thinks that, after a performance review process, there is a gap between an employee’s actual performance and the expected level of performance, it should document performance difficulties and proceed to place the employee on PIP. Employers who do not manage employee performance, particularly through appraisals, lack the moral authority to inform employees that they have underperformed.

Before conducting any disciplinary proceedings related to performance issues, an employer must provide evidence such as performance appraisals, written warning letters, and performance improvement plans to substantiate allegations of poor performance.

The establishment and use of PIPs are not provided for in any legislation. The time limit in which PIP should operate is not laid down.

Courts in Kenya have underlined some conditions that must be met for PIPs to be valid and enforceable. These include:

  • Explain the unsatisfactory performance and what needs to be improved.
  • Give clear targets and specify the desired performance in terms of either quality or quantity.
  • Create an action plan that adheres to the SMART principles. PIP durations are either 90, 120, or 180 days and the period can be extended if the targets are not achieved.
  • Describe the tools at the employee’s disposal to help them achieve their goals, such as coaching or training.
  • Permit a periodic, objective review of performance, and inform the employee how their performance will be monitored.
  • Explain to the employee that further disciplinary action will be taken if the expected performance is not achieved.

 

The following indicators could point to an unjust PIP:

  • If you have a good track performance
  • Unclear targets
  • Poor relationship with your supervisor

Every meeting and communication that took place during the PIP should be documented by the employer. These documents are essential proof of whether the PIP process was successful or not. Employees should receive regular performance reviews from their employers, and the records should be kept and shared with them.

 

25Apr

What is the difference between Service Pay, Severance Pay & Gratuity?

Service pay is payable upon the termination of a contract of service. The law does not specify the terms of service pay therefore this definition is reserved for contracts, internal policies or collective bargaining agreements. This payment is however not payable if an employer is registered in a pension scheme recognized by the Retirement Benefit Authority. NSSF is recognised as such a scheme. This then exempts most employers from making this payment. See section 35 (5) Section 35 (6) of the Employment Act.

Gratuity is a gift. There is no requirement in law for any employer to make any gratuitous payments. However, there are employers who provide for gratuity payment whether in their contracts, internal agreements and or collective bargaining agreements. Where such provisions exist, the employer then is bound by their internal documents that have provided for gratuity to make the payment as per their policy.

Severance pay is only payable in the event a redundancy has been declared. There is no other way of contract termination that has a legal requirement for payment of severance pay other than in cases of redundancy. The Employment Act in section 40 provides that at a minimum, upon the declaration of a redundancy an employer should pay severance pay at the rate of fifteen (15) days pay for every completed year of service. In addition, courts have ruled in favour of prorating this payment for years of service that one has worked but not completed. An employer is allowed to make a more enhanced provision here but cannot pay below the legal minimum.

13Apr

Addressing Sexual Harassment at the Workplace.

The investigative documentary that was aired recently by BBC Africa Eye, titled “Sex for Work: The True Cost of Our Tea,” has revealed the degree of sexual harassment that takes place in work places. While the vice is abominable, the white-collar space is not spared either, with recurring stories of such incidences in media and other forums.

It behoves every person to take active steps to curb the situation.

Sexual harassment is defined in Black’s Law Dictionary, Tenth Edition as “a type of employment discrimination consisting in verbal or physical abuse of a sexual nature, including lewd remarks, salacious looks and unwelcome touching”.

Section 6 of the Employment Act defines sexual harassment as where an employer or a representative of the employer or a co-worker:

(a)  directly or indirectly requests an employee for sexual intercourse, sexual contact or any other form of sexual activity that contains an implied or express

(i)  promise of preferential treatment in employment; (ii) threat of detrimental treatment in employment; or (iii) threat about the present or future employment status of the employee;

(b) uses language whether written or spoken of a sexual nature;

(c) uses visual material of a sexual nature; or

(d)  shows physical behaviour of a sexual nature which directly or indirectly subjects the employee to behaviour that is unwelcome or offensive to that employee and that by its nature has a detrimental effect on that employee’s employment, job performance, or job satisfaction.

This definition, though broad, is very guiding on what would constitute sexual harassment in a workplace.

In addition, the same law requires that an employer with 20 or more employees to consult with the employees or their representatives if any, and to issue a policy statement on sexual harassment. Such a workplace policy should include among other matters a definition of sexual harassment; a statement that every employee is entitled to employment that is free of sexual harassment; a statement that the employer should take steps to ensure that no employee is subjected to sexual harassment; and a statement that the employer shall take disciplinary measures as they deem appropriate against any person who subjects any employee to sexual harassment. In addition to having a sexual harassment policy, the employer must ensure that the policy is implemented. Employers should and train their employees on the parameters of the policy as held in the case of Lydiah Mongina Mokaya versus St. Leornard’s Maternity Nursing Home Limited [2018] eKLR

Morrison J in Reed v Stedman (1999) IRLR 299 held that a characteristic of sexual harassment is that it undermines the victim’s dignity at work and constitutes a detriment on the grounds of sex, and that the lack of intent is not a defence.

It is the duty of the employer to protect all employees as held in the case of J W N versus Securex Agencies (K) Limited [2018] eKLR that;

The Court has also considered section 6(2) of the Act which imposed upon the respondent the duty, after consulting the employees or their representatives, to issue a policy statement on sexual harassment. Under section 6(3) such policy statement was to provide for definition of sexual harassment as provided for in the Act; employee entitlement to employment free from sexual harassment; steps taken to prevent sexual harassment; explain how to make or report to the employer complaints of sexual harassment; and non-disclosure of the complainant except for purposes of disciplinary process or investigating complaints.

Where a case of sexual harassment takes place, the employee is required to make out a prima facie case that there was sexual harassment at the work pursuant to section 47(5) of the Act and once this evidential burden is discharged the onus is on the employer to prove that there was no such conduct of sexual harassment and that there is a workplace policy which defines sexual harassment and employees are aware and can apply it to address any acts of sexual harassment against them at the workplace.

In the case of Lydiah Mongina Mokaya versus St. Leornard’s Maternity Nursing Home Limited [2018] eKLR the court in addressing an issue of sexual harassment of the employee at the shop floor held that;

Cases and instances of sexual harassment are extremely personalized and difficult to proof. More often than not, these would not be documented but comprise of overt and covert overtures by the offending party. It is therefore expected that when this arises, action should be taken towards reporting or raising the same with the powers that be, the employer or his agents. Sometimes the prevailing environment may not be facilitative of this. It would therefore be unreasonable to employ the standard burden of proof on this kind of matters. This is like in the present case.

Lack of proper systems to address the vice can be costly as was in the case of G M V versus Bank of Africa Kenya Limited [2013] eKLR where an award of ksh.500,000 was given.

05Apr

The Redundancy Process in Kenya.

“Redundancy” means the loss of employment, occupation, job or career by involuntary means through no fault of an employee, involving termination of employment at the initiative of the employer, where the services of an employee are superfluous and the practices commonly known as abolition of office, job or occupation and loss of employment. (Employment Act, Section 2)

 Reasons for redundancy;

Reduction of workforce, close of business, mergers, acquisitions, operational requirements (occasioned by changes in business environment, legal framework, technology etc.)

Process of redundancy;

Notification to employee, labor office and trade union

  1. Where the employee is a member of a trade union, the employer should notify the union concerned and the labor officer in charge of the area of the reasons for, and the extent of the intended redundancy not less than a month prior to the date of the intended date of termination on account of redundancy.
  2. Where an employee is not a member of a trade union, the employer should notify the employee(s) personally in writing and the labor officer. The above communication is done through notice of intention to restructure letter.

Acknowledgement by labor office – The labor office shall acknowledge receipt by stamping a copy of the letter. They retain a copy of the letter while the employer retains another copy.

Termination on account of redundancy

Upon expiry of the 30 days’ notice as explained above, the employer may write to the employee termination letter on account of redundancy. The employer may give 1-month notice or pay 1 months’ salary in lieu of notice.

 Payment of terminal dues is as follows;

  1. Payment of 1 months’ salary. (only in lieu of notice)
  2. Payment of a minimum of 15 days’ salary for each year worked (severance pay)
  3. Payment of accrued leave days not taken
  4. Payment of any other dues applicable to the employee according to company policy.

Note: To identify whether the client has a redundancy policy in place.

Legal Steps to be followed.

2.0      Mandatory Conditions

The Employment Act 2007 (hereinafter “the Act”) sets out the following mandatory conditions to be fulfilled by an employer before effecting a redundancy:

  1. Where the employees are unionised, the trade union and the local labour officer should be notified of the reasons for, and the extent of, the intended redundancy. This notice should be issued not less than a month prior to the date of the intended date of termination on account of redundancy.
  2. An employer is also required to notify an employee in writing of the intended redundancy, this should be a mere proposal.  This notification should be given to the employee at least one month prior to the effective date of the redundancy and can be given to the employee at the same time that the labour office notification is being sent out.
  3. The law requires that in selecting the employees to be declared redundant, an employer should have due regard to seniority in time (last in first out principle) and to the skill, ability and reliability of each employee in the category of employees affected.
  4. Where leave is due to an employee declared redundant, the employer is required to pay off the employee in cash for the leave accrued but not taken.
  5. An employer is required to pay the employee declared redundant severance pay at a minimum rate of not less than 15 days pay for each completed year of service.

2.1      Where an employee’s contract of employment or the company’s HR Policy/Manual provides for a procedure, benefits and/or payment over and above what is set out in the law as above, the employer has to ensure compliance with the same.

2.2      Applicable Procedure

Our Employment and Labour Relations Courts have held that an employer should consult with an employee and the union before effecting a redundancy.  This is intended to prepare the employee for the inevitable loss of employment and to mitigate against the harsh effects of the redundancy.  In this regard, consultations with staff members are mandatory before a final decision is made and/or communicated to them.

2.3      In the case of: Kenya Union of Domestic Hotels Educational Institutions and Hospital Workers (KUDHEIHA) v Aga Khan University Hospital Nairobi [2015] eKLR (attached herewith), the court held as follows with regard to consultations:

The employer must invite the Claimant to negotiations and or consultations with an open mind as it were… As rightly noted by the Court of Appeal above cited, consultations should not be a charade. I will add, consultations should not be a means to justify an end or an end in itself. It should entail a process towards achieving a goal. Consultation should be held so as to achieve industrial peace and ensure fair labour relations… As noted above, redundancy is a process – once notice is issued, consultations follow, identification of issues is done, if such require re-organisation of employees such is addressed; where such reorganisation may require certain position be removed, a criteria is set out and where possible terminations are inevitable they are identified, and based on the pre-set criteria, affected employees are served with termination notices and the guidelines for the issuance of such notice is set out in law.” Unfortunately our Courts have not set out the mechanics or modalities for consultations.

 2.4   We set out the mandatory steps to be followed in this process as follows:

Step 1:
  1. We suggest that the initial general notice should be sent to all the employees.  To our knowledge the company does not have unionisable employees and therefore no notice is required.  This notice should be sent out as a mere proposal (for example using the terminology “proposed redundancy” will make this clear), and not as the notification of the termination of employment.  This notice should explain the reasons for and the extent of the proposed
  2. The County labour officer should also be notified of the reasons for and the extent of the proposed redundancy.
  3. The notice period should not be less than one month
Step 2:
  1. Within the one month period as set out in step 1 above, the employees (and the union, where applicable) should be invited to engage in consultations. The Court has indicated that at this stage, the employer should explain to the employees the circumstances in which the proposal has been made.  We propose that the first meeting should be held with all the employees, setting out the criteria and extent of the  proposed redundancy. As the process narrows down to the affected department and the employees likely to be impacted, we propose that the next consultation should be held with the individual employees. The idea is to assist the employees understand the basis of the proposal and to give them an opportuno9ity to make representations and/or raise concerns.  In effect, the company should explain the reason and the extent of the proposed redundancy as well as the criteria that will be applied in selecting the employee(s) to be declared redundant. The law provides that the “last in, first out” principle which takes into account the years of service of an employee should be applied as part of the selection criteria.  Other considerations such as the skill, ability and reliability of the employee can also be taken into account. Please bear in mind that the company must be able to prove its selection criteria.
  2. The company is required to give the employees a reasonable opportunity to constructively engage and the employees should be encouraged to express their views. In addition, it is required to consider any alternative proposals arising in the course of these discussions while bearing in mind that redundancy should be undertaken as a last resort.
  3. The consultations should also include individual sessions with each employee to give them an opportunity to express any views and/or concerns that they would like addressed at a personal level.
  4. The discussions should be documented and minutes taken and signed.  For group and individual sessions attendance should be recorded.
  5. In certain instances, employers have gone as far as to arrange for a third party counsellor or adviser to meet with the employees to assist them plan their finances and/or provide psychological counselling and support. The idea is to show that the decision was implemented reasonably and fairly with due concern of the effect of the redundancy upon the employees.
  6. During the consultation period, the company should consider whether there are any alternative employment positions that can be taken up by the employees likely to be affected.  The courts have held that in considering alternative positions, this can be either at the place of employment or where practicable in sister companies, subsidiaries or related organisations.
Step 3:

After the consultation period is at an end, if no viable alternative to the proposed redundancy is found the company can then proceed to announce its intention to declare redundancies.  it will then proceed to issue the affected employees with a written notice.  This notice will confirm the decision of the company identifying the employee’s position for abolition and indicate the effective date of the redundancy.  The effective date should not be less than one month from the date of this notice.

At the same time, a separate notice should be sent to the county labour office.  This notice will confirm the company’s intention to declare redundancies and the rationale for this decision.  It should state the name and positions of the affected employees.  In effect, the reasons, extent and criteria should be reflected.

Note that these notices should be issued not less than one month prior to the effective date of the redundancy.

Finally, an employer is required to issue an employee with a certificate of service upon termination. The certificate should contain the name of the employer and its postal address, the name of the employee, the date when the employment of the employee commenced, the nature and usual place of employment of the employee and the date when the employment of the employee ceased. The employer is however not bound to give the employee a testimonial, reference or certificate relating to the character or performance of that employee.

2.5 Based on the foregoing, the entire redundancy process will take a minimum of two months.

It is important to take minutes at every meeting that is held and record attendance.  Where possible, do a mapping for selection of the employees and for any redeployment.  This is so that if the objectivity of the process is challenged, you will be in a position to justify the same.

2.6 If an employer does not follow due process as set out above and/or if the grounds giving rise to the redundancy are successfully challenged, the court could make a determination that the redundancy was unlawful.

As a consequence, the employee could be reinstated and/or awarded damages at a maximum equivalent of 12 months’ salary.

 

30Mar

Human Resource Policy and Procedures Manual

A comprehensive human resource policy handbook is a collection of policies, procedures, and expectations for employees of any organization. It aims to provide a framework for making consistent decisions and promoting equity in the way that people are treated.

Some of the synonyms for Human Resource Policy and Procedures Manual include:

  • Staff Policy Handbook
  • Employee Handbook
  • Staff Policy Manual
  • Human Resource Policy Manual

Policy manuals are developed to help staff and management teams run the organization. Policies play a strategic role in an organization. They are developed in light of the mission and objectives of the company and they become the media by which management’s plans, rules, intents, and business processes become documented and communicated to all staff. Carefully drafted and standardized policies and procedures save the company countless hours of management time. The consistent use and interpretation of such policies, in an evenhanded and fair manner, reduces management’s concern about legal issues becoming legal problems.

Some of the essential policies to be captured in the manual include but are not limited to:

The HR policies and procedures manual serve as the required sources of information to be followed to resolve any issues that may arise from either the employer’s or the employee’s perspective. This information is available for employees to use to familiarize themselves with organizational policies and practices on various topics, such as how leaves are sanctioned, various allowances, grievance procedures, etc. The HR manual should contain all such data, pertaining to the employment of the employees, in complete detail to ensure that employees can obtain all the required information in time.

The HR policies and procedures handbook should be written with the highest objectivity and clarity to ensure that the documents are uniform in approach, free of any complexity, and clear of any overlap. This is crucial to prevent any form of differential treatment from the company and to guarantee efficient and conflict-free internal operations.

Organizations can hire an HR Consulting Firm for the development of the HR manual. The HR Consultant can assist the organization in the:

  • Preparing a new HR policies and procedures manual for the organization
  • Revise certain aspects of the document or completely revise the HR policies and procedures manual
  • Check the documents for the ever-changing legal rules and regulations, and make the necessary changes
  • Audit the existing HR policies and procedures manual to make sure that the given details provided are relevant to the current industry

While developing or reviewing an HR policies and procedures manual, an HR Consultant should keep in mind the following important factors:

  • Organizational culture
  • Legal rules and regulations
  • Market trends
  • HR policies and procedures manual of the organization
  • Existing rules and regulations related to the employees in the organization
  • Legal compliances
  • Industry norms

An HR Consultant, on the call from the organization, may also guide and train the employees in implementing and complying with the policies and procedures.