We advise employers and employees on all aspects of employment law, including employment contracts, pay and benefits, compliance, policies and procedures, redundancy and business reorganization, share schemes and incentives, pension schemes and provident funds (including regulatory compliance, scheme restructuring, mergers and winding up).
Our experiences include:
Employment:
- Advising Massmart, one of South Africa’s biggest retailers, which is majority owned by Walmart and operates Builders Warehouse in Kenya on employment clauses/provisions in service provider's agreement. This entailed reviewing the provisions to ensure that same does not imply/provide that the service provider's employees/personnel are employees/personnel of the customer and that an independent contractor relationship is maintained with the service providers.
- Advising Turkish Airlines Inc, a leading global airline on a wide variety of employment matters including employment compliance and disputes, reviewing and amending its standard employment contract and human resource policy, advising on labour relations and trade union negotiations, advising on immigration matters including applying for visas, special passes, dependant passes and work permits for foreign nationals that it has engaged.
- Advising Bluekey Seidor, the leading SAP Business One partner (A management software designed for SME's) in Africa, on the legal requirements for termination of employees on account of redundancy. We provided Bluekey’s full-service branch in Kenya with legal advice on the procedure and requirements to be adhered to before an employer can declare an employee redundant as well as drafting the requisite notices to be issued to the affected employee and the labour office in cases of redundancy
- Advising G4S Plc, the world’s largest security group, on various employment matters including reviewing its standard employment contract, advising on the legal requirements for transfer of employees and advising on labour union notification requirements when transferring employees.
- Advising M-Gas, an innovative Kenyan based company that focuses on the distribution of modern cooking gas to its customers, on its H.R. policies which entailed ensuring that the human resources related policies (on benefits, lactation rooms, accrual and forfeiture of leave days, part time jobs), practices and forms are in line with the law and best practice.
- Advising Zamara, one of the largest retirement benefits schemes administrators in East Africa on the setting up and operationalization of an Employee Share Ownership Scheme [ESOP]. We are involved in drafting the Trust Deed and Rules and Manual in appointment of the Trustees and Tax consultants to advice on the relevant provisions within the Trust Deed and Rules, in discussing with the human resources committees on the payment mechanics and in setting up a timetable for implementation of the program and operationalization of the Scheme.
- Providing Amazon, an American multinational technology company based in Seattle, Washington and one of the largest companies in the world with quarterly updates on developments in labour law in Kenya that are likely to impact its employees and which workers may bring to their attention. The areas covered include employment contracts, discrimination, termination and immigration among other sectors and allows the client to detect and prepare for any potential developments that may impact its business.
- Advising Eaton Corporation Inc, an Irish-domiciled multinational power management company, on the employment aspect of the sale of its Hydraulics (HYD) business to Danfoss which involved the transfer of employees between the entities. The advice involved reviewing the client’s standard employment contract, advising on the legal requirements for transfer of employees and advising on labour union notification requirements when transferring employees.
- Advising Wrangler, an American manufacturer and one of the leading global manufacturers of jeans and other clothing items, particularly workwear on the law in relation to secondment of employees. One of Wrangler’s subsidiaries based in Asia employs Kenyans through a branch office in Kenya and pursuant to a restructuring exercise is seeking to second some of the employees to a local subsidiary. We advised Wrangler on the legal risks that may arise in relation to the proposed secondment arrangement from both Hong Kong and Kenyan employment law perspective.
- Advising Croda International PLC, a British specialty chemicals company listed on the London Stock Exchange with a local subsidiary on the legal risks and requirements for implementation of an employee incentive plan (Plan) for its junior employees in various jurisdictions including Kenya. We advised on the legal impediments (whether under securities laws, exchange control laws or any other laws) which would prevent the Company from offering participation in the Plan to Junior Employees resident in Kenya.
- Advising Pharmaceutical Product Development PPD, Inc., a global contract research organization providing comprehensive, integrated drug development, laboratory and lifecycle management services and is publicly traded on NASDAQ, on the proposed implementation of an omnibus share incentive plan for its employees based in Kenya. We advised the client on the legal requirements on the granting of restricted stock units to employees, general prohibitions on granting of restricted stock and the income tax implications of such a share incentive plan.
- Advising Louis Dreyfus Company (“LDC”), a global merchant and processor of agricultural goods which employs more than 22,000 people world-wide and is active in over 100 countries, on the enforceability of restrictive provisions contained in its employment contracts. LDC sought our advice in reviewing the suggested wording for clauses on: Intellectual Property, Restrictive Covenants (Post-Termination Restrictions) and Confidentiality which they wish to insert into their standard employment contracts.
- Advising Sendy Limited, a delivery services provider on various aspects of its engagements with consultants including reviewing the consultancy agreements in line with applicable labour laws and best practice. This entailed reviewing the agreements to ensure that same does not give rise to an implied employment relationship as opposed to that of a principal and independent contractor.
- Advising Moringa School, an inventive tech education program based in Nairobi on the setting up and operationalization of an Employee Share Ownership Scheme [ESOP]. We are involved in drafting the Trust Deed and Rules and Manual in appointment of the Trustees and Tax consultants to advice on the relevant provisions within the Trust Deed and Rules, in discussing with the human resources committees on the payment mechanics and in setting up a timetable for implementation of the program and operationalization of the Scheme.
- Advising Resolution Health, one of the largest insurance service providers in Kenya on the establishment and implementation of an Employee Share Ownership Plan [ESOP]. We drafted the trust deed and rules and explanatory handbook, resolutions, and prepared a timetable for the ESOPs operationalization and participated in employer and management discussions regarding the structuring of the ESOP.
- Advising R. Twinning and Company Ltd, a British company with a Kenyan subsidiary which markets tea and other beverages, on employment related matters in particular engagement of local consultants and reviewing their consultancy agreements in line with local laws and best practice drafting to ensure that these agreements do not give rise to a presumed employment agreement with the independent consultants.
- Advising Auto Springs (PLC), Kenya’s largest original equipment manufacturer to the Kenyan motor vehicle assembly sector on staff . Auto Springs has approximately 250 employees and sells its products across the East Africa Region.
- Advising GlaxoSmithKline Limited (GKS), one of the leading pharmaceutical companies globally on the process and legal requirements for outsourcing IT services from in-house employees to a third party. We advised the client on matters to take into account including issues related to a tripartite agreement, redundancy, employee communication, pension related issues, trade union advice, foreign contracts, work place provisions and tax related matters.
- Advised Cambridge University Press on their Employment contract, by providing insight on their HR handbook, contracts and general labor laws
- Advising International Budget Partnership an international not-for-profit organization centred around good governance on employment related issues involving consultancy and employee statuses for its third party consultants and employees.
- Advising Redhouse Group Limited on the legal requirements and procedure to be adhered to before an employer can declare an employee redundant. Assisting the client by drafting the requisite notices to be issued to the affected employees and the labour office in case of redundancy as well as providing general legal advice on the legal procedure and requirements that the client can adopt to implement cost-cutting measures.
- Provision of legal support to Diakonia Africa, a faith-based Swedish development organization, on the updating of its Global Employment Conditions, its policies and its procedures in line with local labor laws and further implementation of the same within the organization.
- Provision of high-level advice to NTT Ltd Group Services United Kingdom on employment implications of a transfer of employees to an outsourced company as a result of the restructuring of company services
- Providing legal advice on a cross border international secondment arrangement between Kontoor Brands, a global lifestyle apparel company, and its branch office in Kenya & conducting a review of the secondment documentation to ensure compliance with Hong Kong and Kenyan Law
- Advising Kencor Petroleum Limited on the management of employee dues in an acquisition of shares by a new shareholder and drafting a tripartite agreement between employees and shareholders
- Providing advice to Remote Medical International, a multimillion-dollar global company providing customers with medical support services and supplies on the termination of employment contracts and conducting a review of the termination notice.
Pensions:
- Representing Zamara Fanaka Fund, one of the largest umbrella funds in the country with a total of 1,100 participating employers and 280 000 members in the drafting and amendment of the Trust Deed and Rules for the Zamara Fanaka Retirement Provident Fund and the Zamara Fanaka Retirement Pension Scheme to include newly legislated provisions on purchase of a residential houses using retirement benefits, aligning the trust deeds with the Umbrella Scheme regulations and including up to date drafting standards.
- Representing Zamara Fanaka Retirement Fund, one of the largest umbrella funds in the country that allows participating employers to provide competitive benefits to their employees, in a custody arrangement with Stanbic Bank and Standard Chartered Bank.
- Liquidation of Glaxo East Africa Staff Retirement Benefits Scheme and Wellcome Eastern African Staff Retirement Benefits Scheme.
- Review of Custodial Agreement, Property Management Fund Management Agreements and Administration Agreement for BAT Kenya Provident Fund Trust Limited.
- Assisted in the drafting and implementation of a Deed of Closure and a New Trust Deed and Rules for the merged authority. Nine (9) authorities merged in this transaction. AGRICULTURE AND FOOD AUTHORITY PENSION SCHEME
- Preparation of Procedures Manual for Accessing a Portion of Benefits from a Scheme to Purchase a Residential House as Prescribed under The Retirement Benefits (Mortgage Loans) (Amendment) Regulations, 2000 and the Amendment for THE ISUZU EAST AFRICA STAFF RETIREMENT BENEFIT SCHEME (ISUZU EA SRBS) TRUST DEED AND RULES, AIRTEL NETWORKS KENYA LIMITED STAFF RETIREMENT BENEFIT SCHEME, INSURANCE REGULATORY AUTHORITY STAFF BENEFITS SCHEME, CO-OPERATIVE BANK OF KENYA SRBS, CAPITAL MARKETS AUTHORITY (CMA) TRUST DEED AND RULES SCHEME, STRATHMORE EDUCATION TRUST STAFF PROVIDENT FUND, CIC INSURANCE GROUP LIMITED AND CITIBANK KENYA PROVIDENT FUND.
- Drafting, reviewing and advising the sponsors on their schemes’ Trust Deed and Rules and giving legal advisory on Retirement Benefits related issues GIZ STAFF RETIREMENT BENEFIT SCHEME, BOLLORE STAFF RETIREMENT BENEFIT SCHEME, MANTRAC KENYA PENSION SCHEME (PS) AND PENSION FUND (PF), THE KENYA RAILWAYS STAFF RETIREMENT BENEFITS SCHEME, TOURISM PROMOTION SERVICES STAFF PENSION SCHEME- PENSION SCHEME, DEL MONTE FACTORY SEASONAL PROVIDENT FUND, HACO TIGER BRANDS LIMITED STAFF RETIREMENT BENEFIT SCHEME 2006, OFFICE OF THE AUDITOR GENERAL, NAMPAK KENYA LIMITED, WIGGLESWORTH EXPORTERS LIMITED, MISSION AVIATION, KENYA WILDLIFE SERVICE, KENYA COMMERCIAL BANK, CITIBANK KENYA, KENYA REVENUE AUTHORITY, KNEC, SERENA, EAST AFRICAN PORTLAND CEMENT COMPANY, KENYA RAILWAYS RETIREMENT BENEFITS AUTHORITY, KENYA WINE AGENCIES, KENYA CIVIL AVIATION AUTHORITY, INTERNATIONAL DEVELOPMENT RESEARCH CENTRE KENYA, TREADSETTERS TYRES LIMITED, COOPERATIVE BANK OF KENYA, STANBIK BANK, NIC BANK, AMBER CROMBIE & KENT, TOURISM PROMOTION SERVICES, KENGEN, HIGHER EDUCATION LOANS BOARD, NZOIA SUGAR COMPANY, SAFARICOM, COMPETITION AUTHORITY OF KENYA, BAYER EAST AFRICA, DIVERSEY EASTERN & CENTRAL AFRICA LIMITED, BANDARI SACCO, CARE INTERNATIONAL, EAST AFRICA PACKAGING INDUSTRIES, NATIONAL HOSPITAL INSURANCE FUND, GLAXOSMITHKLINE, KENYA POST OFFICE SAVINGS BANK, ETHICS & ANTI-CORRUPTION COMISSION, TEA RESEARCH FOUNDATION, KENYA DIASPORA ALLIANCE, HACO INDUSTRIES, GTZ- GERMAN TECHNICAL CO-OPERATION, NATION MEDIA GROUP, PREMIER ACADEMY,WATER SECTOR INSTITUTION, INTETEK TESTING SERVICE (E.A) LTD, AGRICULTURE FISHERIES & FOOD AUTHORITY, INDUTRIAL DEVELOPMENT CAPITAL, MANTRAC KENYA, SOS CHILDREN’S VILLAGES, SECURICOR SECURITY SERVICES, KENCELLL LIMITED, CATERING & TOURISM DEVELOPMENT, UASIN GISHU COUNTY, CHURCH WORLD SERVICES, SOUTH NYANZA SUGAR COMPANY LIMITED, CAPITAL MARKETS AUTHORITY, COOPERATIVE BANK OF KENYA, NAMPAK KENYA LIMITED, ZAMARA ACTUARIES, ADMINISTRATORS & CONSULTANTS LIMITED AND BRITISH BROADCASTING CORPORATION, NZOIA SUGAR COMPANY LIMITED, OFFICE OF THE AUDITOR GENERAL, PLAN INTERNATIONAL, ISUZU EAST AFRICA, STRATHMORE EDUCATIONAL TRUST STAFF PROVIDENT FUND, BRITISH AMERICAN TOBACCO KENYA LIMITED, NATIONAL BANK OF KENYA & CITIBANK N.A., NATIONAL INDUSTRIAL TRAINING AUTHORITY, KCB BANK KENYA LIMITED, RUBIS ENERGY KENYA PLC, AGRICULTURAL DEVELOPMENT CORPORATION, ECOBANK KENYA LIMITED and CIC INSURANCE GROUP LIMITED
- Restructuring/Reconstruction of GlaxoSmithKline Staff Retirement Benefits Scheme, Glaxo East Africa Retirement Benefits Scheme, Wellcome Kenya Limited Retirement Benefits Scheme
- Review of the new Employment Act, 2007 for Alexander Forbes Financial Services (EA) Limited, a licensed administrator of retirement benefits schemes
- Winding up of a defined contribution scheme set up for the retirement benefits for the staff of The Kenya Conservatoire of Music. The Kenya Conservatoire of Music Staff Retirement Benefits Scheme
- Advising National Insurance Corporation limited (Uganda) of its rights in a pension related dispute with Makerere University Retirement Benefits Scheme involving over US$5,600,000
- Reviewing and drafting the Trust Deed and Rules for the Alexander Forbes Retirement Fund (Provident and Pension Sections) Umbrella Scheme in order to enable it became a contracted-out scheme
- Drafted a Standard Trust Deed and Rules for Defined Benefit Scheme and Defined Contribution Scheme for Alexander Forbes Financial Services Limited a financial services institution administering retirement benefits schemes and review of administration agreement with KRA
- Drafting a deed of amendment for Unga Staff Pension Scheme reflecting the change of the scheme to an umbrella retirement benefits scheme.