ASK HR: My sacking was grossly unfair, how do I go about seeking redress?

Q. I had worked for my former employer for five years before the HR manager, who is my cousin, decided to fire me on personal grounds. I believe that his was a revenge mission, though what he was revenging about is unclear. How do I handle the issue?

I assume your recruitment was professional. That said, having relatives for co-workers can cause conflict most times. This is because most people feel that since they have a personal relationship, they can afford to behave unprofessionally.

Some could also use the opportunity to extend favours to their relatives if they are in a situation where they can influence promotion, salary reviews and training opportunities. Some might also misuse their position to settle personal scores. This is why it is advisable for relatives who happen to work in the same organisation to work in different departments. They should also not be in a situation where one is reporting to the other, since this too would be ground for disagreement in the workplace.

Before you conclude that the reason for your termination is personal, examine what could have led to your sacking. Did you contravene any HR policy or was your performance below the expected standard? That said, you should have been given a chance to defend yourself in a disciplinary hearing comprising of a panel that includes your manager, legal manager and a witness of your choice. The above process is provided by the Employment Act as a guidance on how to manage termination. Most organisations have an appeal mechanism available for aggrieved employees. Often, the appeal is handled by the CEO, who is not involved with the termination process.

My advice would be you appeal the decision by writing to your CEO, citing unfair termination since personal reasons do not constitute grounds for termination. If this option fails, you have a choice to escalate the issue to the Ministry of Labour, who will arbitrate on your behalf. Terminating on performance must have evidence in form of performance records. The employee should also have been given an opportunity to improve by putting him on a performance improvement plan (PIP) where clear objectives are discussed and monitored closely for a specific period of time to focus the employee back on track.