Today, workers in Kenya are getting empowered legally. It is normally surprising when you find that your office clerk knows more of the labour laws than you.
Almost all employees fully understand their rights and will not hesitate to rush to the courts. Figures from the industrial courts indicate that cases filed have risen from less than 300 in the year 2007 to more than 3,600 in the year 2013.
Most employers are usually caught unawareness when the sensitive issue of court battle emerges. Employers should be vigilant so as to be fully aware of the issues that just might put the company in jeopardy.
From my analysis,cases filled at the industrial courts fall within these categories.
Breach of contract
Terms and conditions signed by both the employer and employee should be strictly adhered to. Upon changes, the employer should always notify the employee and ensure that new terms and conditions are signed. Contracts need to be in line with the labour laws as well as company policies with agreement of both parties.
An example of such an incident is of a re-known company in Kenya that was sued by its employees for breach of contract and negligence. The employer had terminated their contract before the stipulated end period.
Wrongful dismissal
As an employer, your employee is entitled to a prior notice if you are planning on dismissing him or her or payment in lieu. Failure to do this would go against the various rights and obligations of the employment laws and also guarantee you a date with the judge. David Muhoro managed to sue Ol Pejeta conservancy in Laikipia for wrongful dismissal and was awarded Ksh22M for damages.
Fair and equal treatment
According to an article by Business Daily, Telkom Kenya workers have threatened to down their tools if they do not receive the same bonuses as their seniors.
According to the workers, the company is discriminating and victimizing them simply because they decided to join union. This is a perfect example that Employers have an obligation to treat their employees without discrimination or playing favoritism. An employee also has the right to file a formal grievance if he or she thinks he is receives a lower salary than the counterpart who does the same job.
Working hours
Employers might also be sued for overworking. The average working hours are 8 hours inclusive of an hour break. Some employees might sue if they feel they are being over worked; if their overtime is not being compensated or if their working hours are not well defined.
Sexual harassment
Professionalism should be considered because it will draw the line and avoid any uncomfortable occurrences.
Workplace accidents
An employee can sue in the case of an accident if he/she thinks he was not given proper medical attention and employers need to be aware of this.
Employees know their rights therefore it is important for employers to be conversant with the labour laws and have proper documentation because when it gets to the court house it is always ugly and costly. As a first step, always ensure that you maintain proper records to protect yourself and the company.
Perminus Wainaina is the Head of Recruitment, Corporate Staffing Services Ltd (www.corporatestaffing.co.ke) .