Legal Alert | Kenya | Reducing Risk in Employee Hiring and Exit Processes
Hiring and separation are some of the critical decisions an organisation has to make in an increasingly litigious business environment. Separation presents a higher risk of legal backlash, particularly when an employee is disgruntled. Though not as obvious, the hiring process also presents a significant risk to an organisation. Besides the immediate financial cost, hiring the “wrong” employee poses a myriad risks, including those related to fraud and corruption. Adequate due diligence is therefore critical in both hiring and firing decisions.
The A&K Forensics, Investigations and Compliance team, together with the firm’s Employment team, assist organisations to identify, avoid and remedy potential ethical and compliance problems that could affect an organisation.
Recruitment and selection
Once the “wrong” person gets into an organisation, getting rid of them can be a very delicate and expensive process. Performing detailed background checks on employment candidates is, therefore, critical as they highlight potential red flags. The red flags may be evident from the candidate’s online footprint, open source records, or in their existing or former professional appointments. Known issues can be tactfully raised during the interviewing and assessment process.
Employee separation, particularly where it is involuntary and related to misconduct or professional malpractice, is a sensitive issue that can present risks to the organisation. More often than not, an investigation may be necessary to check for the suspected misdemeanour, and the organisation must, therefore, obtain and retain sufficient relevant information from the existing employees’ electronic devices. Such information should be stored for a period deemed sufficient by management.
Our experienced legal and compliance teams at A&K are able to assist our clients to manage potential risks during the entry and exit processes with customised solutions that are unique to different circumstances.
Director | A&K Forensics & Investigations
Partner | ALN KENYA | Anjarwalla & Khanna
The content of this alert is intended to be of general use only and should not be relied upon without seeking specific legal advice on any matter.