Employment

In connection with the legality of their gender identification policy, reviewing employment internal policies and procedures and employment contracts, and providing advice regarding the treatment of its employees in light of the economic effects of the COVID-19 pandemic and regular ongoing advice on multiple issues with respect to engagement of employees.

In connection with the legality of their global anti-harassment policy, providing advice on diversity data, gender pay and hybrid work model in light of COVID-19 pandemic, and regular ongoing advice on multiple issues with respect to engagement of employees.

In connection with the mandatory Legal & Compliance Audit required under the Code of Corporate Governance Practices for Issuer of Securities to the Public 2015, including auditing the employment practices of BAT.

In connection with carrying out the review and amendment of the trust deeds and rules of the Aga Khan Health Services Kenya Staff Pension and Life Assurance Scheme and the Aga Khan University Staff Provident Fund.

In connection with two suits before the Employment and Labour Relations Court brought by the Kenya Aviation Workers Union (KAWU), representing KQ employees.

In connection with ongoing employment issues including advice on obtaining a business visa, work and residence permits for their foreign employees.

Navigating disciplinary proceedings and employee terminations requires meticulous adherence to local laws and best practices across African jurisdictions. ALN Firms provide comprehensive legal advice on the entire spectrum of these sensitive processes.

Our Services Include:

• Strategic Advisory: We provide guidance on employment laws related to disciplinary processes, ensuring legal compliance and procedural fairness.
• Document Preparation: We assist in drafting essential documentation such as suspension letters, charge letters, disciplinary hearing notices, and termination letters.
• Panel Reporting & Appeals: Our team reviews disciplinary panel reports and appeal hearing panel reports to ensure sound decision-making and legal robustness.
• Separation Agreements: We offer expert support in drafting separation and release agreements.
• Risk Mitigation: We advise on legal risks and ensure procedures align with ever-evolving employment legislation to prevent potential litigation.
• Internal Investigations: We collaborate seamlessly with our forensics team for complex internal investigations related to misconduct or fraud that may lead to disciplinary action.

Attracting and retaining top talent in the current competitive markets is paramount. ALN Firms provide commercially focused advice on designing and implementing attractive incentive and retention packages.

Our Services Include:

• Scheme Structuring & Implementation: We offer expertise in structuring and implementing various employee incentive schemes, including Employee Share Ownership Plans (ESOPs), phantom share schemes, and Long Term Incentive Plans (LTIPs).
• Tax & Legal Implications: We provide comprehensive advice on the legal and tax implications of different incentive scheme options.
• Benefit Structuring: We guide clients on other employee benefits and retention packages such as salary structures, medical cover, life cover, and pensions.
• Policy & Documentation: Our team assists in preparing scheme rules, performance conditions, offer documents, and contribution agreements.
• Regulatory Compliance: We ensure all incentive schemes comply with local legal and regulatory requirements, including Capital Markets Authority (CMA) registration where applicable.

In an increasingly complex business environment, allegations of misconduct or non-compliance can pose significant risks. ALN Firms provide integrated forensic and investigative support to help clients uncover facts, manage risks, and ensure accountability.

Our Integrated Approach Includes:

• Internal Compliance Investigations: We conduct and manage complex internal compliance investigations, particularly in employment-related matters, such as those involving fraud, corruption, conflict of interest, or human rights violations.
• Evidence Gathering & Preservation: We leverage a forensic tech lab equipped with modern digital forensic tools for evidence gathering and preservation.
• Risk & Reputational Management: We provide strategic input on managing reputational risks associated with internal investigations and advise on appropriate actions following findings.
• Collaborative Expertise: Our team works seamlessly with our dedicated forensics, risk, and compliance team to provide comprehensive solutions.
• Disciplinary Process Integration: We jointly advise on complex employment investigations that lead to disciplinary processes.
• Guidance on Sensitive Allegations: We provide guidance on handling highly sensitive allegations such as sexual misconduct and abuse of authority, ensuring victim protection and appropriate action against involved individuals.

Managing labour relations and engaging with trade unions effectively is vital for industrial harmony and stability, particularly in Africa’s diverse labour environments. ALN Firms offer experienced counsel in this complex area.

Our Expertise Extends To:

• Industrial Relations Management: We advise on various aspects of labour relations and handling industrial disputes.
• Collective Bargaining: We guide clients through collective bargaining processes and drafting or reviewing collective bargaining agreements (CBAs) to ensure legal compliance and protect business interests.
• Trade Union Engagement: We provide strategic advice on engaging with trade unions, navigating union disputes, and fostering constructive relationships.

We are committed to empowering clients by enhancing their understanding of employment law and best practices. We believe in proactive knowledge sharing to build internal capacity and prevent issues.

Our Training Initiatives Include:

• Customised Seminars & Workshops: We regularly run seminars and tailored training sessions for clients on a wide range of employment law topics.
• Key Development Alerts: We keep clients abreast of significant legal developments through timely legal alerts and specialised seminars.
• Practical Skills Training: We provide practical training for management and HR teams on critical issues such as disciplinary procedures, termination processes, sexual harassment prevention, and talent management strategies.
• Thought Leadership: Our team actively contributes to the development of employment law and hosts round table discussions with employment practitioners on current and emerging workplace challenges.
• Pan-African Insights: We host regional breakfast sessions and discussions in collaboration with global alliances, offering insights into diverse dynamics across African and Middle Eastern jurisdictions.

Effective human resource management demands proactive due diligence and strategic planning. ALN Firms partner with clients to develop robust frameworks that align with business objectives and regulatory landscapes across Africa, the UAE, and beyond.

Our Expertise Covers:

• HR Policy & Handbook Development: We advise on and draft comprehensive employment contracts and staff policy handbooks.
• Restructuring & Right-Sizing: We provide strategic counsel on workforce planning, including right-sizing and organisational restructuring to optimise efficiency and manage transitions.
• M&A Employment Aspects: Our team conducts human resource due diligence and advises on employment issues arising from corporate transactions, mergers, and acquisitions, ensuring seamless employee transfers and contract renegotiations.
• Compliance & Risk Management: We provide comprehensive guidance on employment law compliance to mitigate legal and reputational risks.
• Confidentiality & Restrictive Covenants: We advise on legal mechanisms to protect business interests through restrictive covenants and confidentiality agreements.
• Multi-Jurisdictional Diligence: We coordinate comprehensive employment law compliance diligence across several African jurisdictions, offering a single point of contact for complex pan-African engagements.

Building a robust and compliant employment framework is essential for businesses operating across diverse legal landscapes. ALN Firms specialise in crafting and reviewing employment documentation and ensuring adherence to local and international standards.

Our Services Cover:

• Contract Drafting & Review: We prepare and negotiate various employment and consultancy contracts, tailored to specific roles and jurisdictions.
• Policy Development: Our team drafts and reviews comprehensive employee handbooks and internal policies, including those for disciplinary and grievance procedures, remote working, mental health, gender identification, and anti-harassment.
• Regulatory Compliance: We advise on compliance with national employment laws, such as the income tax, national social security fund, national hospital insurance fund, and work injury benefits, among others.
• Emerging Workplace Trends: We provide invaluable guidance for navigating evolving workplace challenges like remote and flexible working arrangements and mental health issues.
• Cross-Border Engagement: We offer advice on the treatment and engagement of employees across multiple jurisdictions, ensuring consistency while respecting local nuances.

For businesses operating or expanding into Africa and the UAE, navigating complex immigration laws is crucial for a mobile workforce. Our firms provide expert guidance on all aspects of employment-related immigration.

Our Services Include:

• Permits & Visas: We assist clients in obtaining relevant work permits, business permits, and alien cards for non-nationals seeking to work in African and UAE countries.
• Expatriate Agreements: We advise on and prepare expatriate agreements that comply with local employment and immigration laws.
• Global Mobility Programs: We provide comprehensive advice on structuring and implementing global mobility programs for employees transferring across jurisdictions.
• Regulatory Compliance: We ensure full compliance with national immigration regulations and assist with specific legal considerations for non-resident appointments.

Restructuring and employee transfers, often necessitated by business transformations, require careful planning and execution to ensure legal compliance and minimise disruption. We are adept at navigating these sensitive processes across Africa.

Our Services Include:

• Strategic Restructuring Advice: We offer comprehensive guidance on right-sizing, corporate reorganisations, and managing significant restructuring mandates.
• Redundancy Process Management: We advise on the full redundancy process, including legal procedures, statutory notices, consultation processes, employee communications, and terminal benefits.
• Employee Transfers: We offer expertise in managing employee transfers, especially in the context of mergers and acquisitions, business sales, or operational needs, ensuring compliance with transfer of undertaking regulations.
• Mitigation: We identify and mitigate potential legal liabilities and reputational risks associated with redundancies and transfers.
• Cross-Border Coordination: We provide seamless coordination and advice for multi-jurisdictional redundancy and transfer programs across the continent.