A Critical Analysis of The Employees Separation Management Procedures With Regard To Organizational Stability in Kenya
A Critical Analysis of The Employees Separation Management Procedures With Regard To Organizational Stability in Kenya
A Critical Analysis of The Employees Separation Management Procedures With Regard To Organizational Stability in Kenya
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ISSN 2222-1735 (Paper) ISSN 2222-288X (Online)
Vol.5, No.18, 2014
1. Introduction
Managing human beings is a crucial function in successful business management. Human factor is the most
critical of the resources and requires high management skills in order to avoid spillage and wastage and also to
mobilize all other resources. Human resources are tasks which control the operations of other resources in order
for the organization to realize its set goals.
World economies have of recent times been continually afflicted by economic upheavals in the face of emerging
technology (Barkin, 2010) Human Resource issues such as preparing labor production plans, identifying key
employees that the organization must retain despite declining profits, managing increasing employee stress,
anxiety and depression are common. Rewarding individuals for achieving important milestones, inducing
employees to take prudent risks within their purview of responsibilities are other tasks the hr managers have to
deal with. Cross training employees so that they can relate to different audiences both domestically and
internationally and treating employees in an ethical manner and finally employee separation requires high
managerial integrity.
However , on the backdrop of the present times of competitions and austerity, business organization globally are
engaging in the selection of mitigating measures such as mergers, by offs, layoffs, retrenchments, early
retirements and other forms of separation in order to minimize costs and maximize on profits or for survival.
Whatever method is employed to help reduce the firm’s operating expenses with regard to employee welfare,
proper human resource management procedures, need be observed so as to avoid cases of law suits by the so
affected employees
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Journal of Education and Practice www.iiste.org
ISSN 2222-1735 (Paper) ISSN 2222-288X (Online)
Vol.5, No.18, 2014
teachers in Kenya has been battling with a legal suit filed by some 52000 retired teachers over the non payment
of their retirement benefits since 1997. The teachers’ employer did not honour the recommendations in the
agreement arrived at between the teachers’ representatives (Kenya National Union of Teachers), the National
treasury and the teachers’ employer (TSC) back in 1997. (The Standard Newspaper Kenya May 9, 2014).
The affected teachers sued the employer back in 2006 after waiting for over 10 years for the payment of their
dues and after holding many consultative meetings (The Daily Nations News paper – Kenya, April 24, 2012).
The ruling by a three judge bench was in favour of the retirees.
The government of Kenya through the agency of the Teachers Service Commission appealed the ruling in an
effort to avert the payment but again lost the case before the appeal High Court which not only ordered the
government to pay the retired teachers their over Ksh. 3.34 Billion debt owing but also instructed the Inspector
General of Police to arrest and jail the Teachers Service Commission secretary at Kamiti Maximum Prison if he
will not have paid the debt to the teachers within 90 days. (Daily Nation News Paper, May 19 2014).
Nevertheless, there can be some pertinent difficulties such as law suits filed by the affected employees if the
right procedures are not followed.
Lay offs might reduce costs on paper, but in reality they can have unintended negative consequences. The
remaining employees will largely determine whether the lay off will or will not improve the organization’s
productivity and financial health. This will depend more on whether the remaining employees understand the
economic reason for the layoff of their colleagues. An important concern is whether the retained workers are
energized and equal to the tasks of succeeding with fewer members and a smaller membership. Unfortunately,
rather than motivating the retained workers a layoff might deflate the worker force and fan concerns over job
security.
The effects of layoffs have formed the basis for many continuing researches the world over, in the recent past but
it appears that they do not necessarily lead to positive economic outcomes. Conversely, lay off announcements
can trigger reduced stock/ prices for publically traded organizations. Decreased profits, particularly for
organizations that compete on the basis of research and innovations have strongly been linked to layoffs. Overall,
layoffs as with any kind of employee separation can have negative or positive consequences. An important factor
is how well the separation process is managed. A careful risk analysis before instituting a layoff should be
mandatory.
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Journal of Education and Practice www.iiste.org
ISSN 2222-1735 (Paper) ISSN 2222-288X (Online)
Vol.5, No.18, 2014
development programs, companies can avoid a mismatch between the employee and the job thus reducing
chances of voluntary separation. Voluntary separations take the dimension of quits and retirements.
4.1 Quits
Employee separations can be as a decision to quit the job. The decision to quit depends on
i. The employees level of dissatisfaction with the job
ii. The number of attractive alternatives the employee has outside the organization.
The employee can get dissatisfied with the job itself, the environment or both or even more. In recent years
some employers have been enticing employees to quit voluntarily by offering them pay incentive packages.
The government of Kenya is for example considering this option. (President Uhuru Kenyatta. DN
12/03/2014) Employers use these voluntary severance plans or buy outs to reduce the size of their workforce
while at the same time avoiding the negative factors associated with a lay off. The pay incentive may
amount to a lump sum cash payment of six months or two years of salary, depending on the employee’s
tenure with the company and the plan’s design.
4.2 Retirements
As a method of separation, retirement differs from a quit in a number of respects. First, a retirement normally
occurs at the end of an employees career where as a quit can occur at any time. Cordially a quit occurs in early
stages of ones career when they are more likely to change jobs. Second, usually, retirements result in the
individual receiving retirement benefits from the organization. These may include a retirement income
supplement with personal savings and social security benefits. The organization normally plans retirements in
advance while those who quit do not receive these benefits. With proper retirement schemes, HR staff can help
employees plan their retirement, while at the same time giving managers an opportunity to plan in advance to
replace retirees by glooming current employees or recruiting new ones. Quits are much more difficult to plan for
as they may be unanticipated. For example, most employees in the public sector of the Kenya Government are
expected to retire normally on attainment of age 60 years when they are entitled for full pension. Early
retirement incentives make it financially attractive for senior employees to retire early. Together with buyouts,
these early retirements are used as alternatives to layoffs because they are a gentler way of discerning the
workforce.
4.4 Discharges
A discharge is a form of involuntary separation that takes place when management decides that there is mismatch
between the employee and the organization. The discharge may be necessitated by either employee failure to
change some unacceptable behavior that the management has tried repeatedly to correct or persistent poor
performance. Sometimes employees engage in serious misconduct such as theft, dishonesty, gross
insubordination, chronic lateness and absenteeism which may result in immediate termination.
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Journal of Education and Practice www.iiste.org
ISSN 2222-1735 (Paper) ISSN 2222-288X (Online)
Vol.5, No.18, 2014
In the event that a manager may decide to discharge an employee, He//she must make sure that the
organizations established discipline procedures are followed. Many times employees are protected by
progressive discipline procedures that allow employees opportunities to correct their behavior before receiving a
more serious punishment. These procedures require that employees be issued with warming notices. Warnings
are to be both verbal and written within specified period of times.
Managers are required to document the occurrences of violation and provide evidence that the employees know
about the rules and that they are warned that their violation could lead to discharge. This acts as a safety valve
for the management and the entire organization as it provides proof that the employee was discharged for just
cause, in case the discharged employee hit back through lawsuit.
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Journal of Education and Practice www.iiste.org
ISSN 2222-1735 (Paper) ISSN 2222-288X (Online)
Vol.5, No.18, 2014
outweigh the separation pay and other expenditure associated there with. The government of Kenya is
considering taking this route so as to tame the escalating wage bill which is currently standing at 820BN which
represents 88% of the total revenue. (DN 15/03/2014)
Fourth, replacement of poor performances can improve production. Human resource managers are required to
identify poor performance capacity. If they cannot improve, it may best to terminate their services and replace
them with presumably more skilled employees.
Fifth, opportunities for increased innovation are opened up. Separation creates room for new employees who
may be promoted from within or hired from outside. They come with new innovations that help in improving
business performance by offering fresh perspectives.
Lastly, organizations open up for greater diversity through separation. They get opportunities to hire employees
from diverse back grounds and redistribute the cultural and gender composition of the wok force in compliance
with the government equal employment opportunities policy.
The Kenyan constitution for instance requires that every employee observe a one third gender policy on
recruitment.
9. Conclusion
It is important to avoid staffing mistakes since 80% of separations are caused by such mistakes. Secondly,
mismatches between employees and the job should be avoided and thus prevent voluntary separation. It is further
clear that creating job satisfaction will improve retention in the organization.
If separation must take place, one good method is to introduce early retirements as a gentler way of discerning
the work force. Where involuntary separations must take place, there must be teamwork between managers and
the HR staff so as to effectively manage the dismissal process. Then if discharges have to be effected, prior
warnings both verbal and written must have taken place. The separations will help the employer reduce labour
costs and replace poor performers so as to improve retention and production.. Clear policies regarding
employees’ separations should be put in place and implemented effectively to avoid unwarranted legal battles
and wastage.
REFERENCES
1. Cole a Gerald (2004) Managing Theory And Practice International, Pastow Cornwall Uk
2. Gomez Mr Luis (2009) Managing Human Resources Asoke k ghosh phi ltd – New Delhi
3. The Daily Nation News Paper 24th April 2012
4. The Daily Nation News Paper 19th February 2014
5. The Daily Nation Wednesday 12th March 2014
6. The Daily Nation Saturday 15th March 2014
7. The Standard News Paper 9th May 2014
8. The Daily Nation News Paper 19th May 2014
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