If you are an avid user of social media, you might have come across a post where hundreds, if not thousands, of Kenyans gathered and ganged up against a local bank.

What had happened? The bank had published an advert to fill a vacancy shortly after the death of an employee. This was even before the completion of burial rites.

A section of those who reacted termed the move by the bank as un-African and insensitive. A few others sided with the bank, saying businesses need to continue uninterrupted after the death of a staffer, especially for positions that can’t be left unoccupied for long.

Was the bank wrong or inconsiderate when it advertised the role? Are there local laws governing this kind of scenario?

Bizna Kenya reached out to HR professional Rose Agneta Khamunde, who shared insights into what factors employers consider before hiring following the death of their employee.

No standard waiting period

According to Khamunde, there isn’t a universal standard for the period companies wait before replacing a deceased employee.

“It depends on factors like the importance of the role, the organization’s size, and its cultural norms,” she explained. “Typically, companies may start the replacement process quickly if the role is critical, while others might wait a few weeks to allow for grieving out of respect for the deceased staff.”

Communication within the company is essential, she noted, with internal reassignment considerations like promotions and transfers often influencing the timing. The overall approach, she emphasized, is shaped by the company’s specific context and policies.

Legal and ethical guidelines after death of employee

On whether there are legal or ethical guidelines that influence hiring in such sensitive situations, Khamunde confirmed that both play a crucial role.

“Legally, companies must comply with labor laws related to final pay and benefits, adhere to anti-discrimination laws, honor any contractual obligations such as non-compete clauses and intellectual property rights, and maintain confidentiality about the deceased,” she explained.

Ethically, she added, companies should be sensitive to the timing of the replacement, provide support to the team, communicate transparently with the family and colleagues, and respect the legacy of the deceased employee.

“These guidelines ensure the process is handled with respect, compliance, and care for all involved,” Khamunde said.

Balancing operational and emotional needs

Balancing the need to fill a vacancy with the grieving process of other staff members requires compassion, according to Khamunde.

“This includes implementing temporary solutions like reassigning tasks within the team, engaging in open communication, and providing counseling services,” she said, noting that respectful timing in the hiring process is key.

Involving the team in the replacement process and honoring the deceased employee can help ease the transition and support the emotional well-being of the staff, she added.

Memorial activities before hiring

Before hiring a replacement, companies can consider several memorial activities to honor the deceased employee and provide closure for colleagues.

Khamunde suggested ideas such as organizing a memorial service, creating a tribute space in the workplace, or establishing an assistance fund to support the deceased employee’s family.

“These activities offer respect and comfort to grieving staff before proceeding with the hiring process,” she said.

Respectful communication

When informing the team about hiring a replacement, Khamunde advised using clear, sensitive, and supportive communication strategies.

“This may include choosing appropriate timing, being transparent about the process, showing empathy, and providing background on the new hire to help foster a supportive environment,” she explained.

She emphasized that these approaches help ensure the transition is handled with care and consideration for the team’s emotional well-being.

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Respectful recruitment process

To ensure a respectful and sensitive recruitment process after an employee’s death, Khamunde highlighted the importance of allowing time for grieving, maintaining empathetic communication, honoring the deceased, and carefully wording job postings to reflect the situation.

“These steps help balance operational needs with sensitivity to the situation,” she said.

What is the role of HR after death of employee?

The HR department plays a crucial role in managing the transition after a colleague’s death, Khamunde noted, providing emotional support, clear communication, and handling legal and administrative tasks.

“These efforts ensure stability and a respectful transition during a challenging time,” she said.

Khamunde notes that managing the hiring process after an employee’s death requires a delicate balance of compassion and practicality.

While there may not be a standard waiting period, companies that approach the situation with empathy, transparency, and respect for the deceased and their colleagues are likely to navigate it with grace.