Published March, 2019
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.
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.
Based at A&K, our affiliated office in Kenya, our dedicated Forensics, Investigations and Compliance team, led by Willie Oelofse, can assist organisations to identify, avoid and remedy potential ethical and compliance problems that could affect an organisation. The Forensics, Investigations & Compliance team can also assess, design and help implement processes, controls and compliance programmes that mitigate the risk of financial crime, including fraud, bribery and corruption, money laundering and terrorist financing, anti-trust and misconduct.
The legal alert contained above is for informational purposes only and not for the purposes of providing any form of legal advice. You are requested to contact your legal counsel to obtain advice in respect of any particular issue or problem. Use of and access to this legal alert does not create any attorney-client relationship between Anjarwalla Collins & Haidermota, Legal Consultants and the user or browser.