{UAH} A FEW LESSONS ABOUT EMPLOYMENT WE CAN LEARN FROM DR. STELLA NYANZI'S ACTIONS:
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A FEW LESSONS ABOUT EMPLOYMENT WE CAN LEARN FROM DR. STELLA NYANZI'S ACTIONS:
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Brief Facts:
According to media reports, Dr. Stella Nyanzi, a research fellow at Makerere Institute of Social Research stripped and shared nude pictures and videos on social media protesting the closure of her office. Following a number of negotiations, her office was eventually opened.
Following this act, there are a few lessons the public can learn about Employment disputes, and how to handle them. These include;
1. Fair Hearing:
In case of employment disputes, it is always advisable to give a fair hearing, its not advisable for a boss to act as judge and sometimes as jury. In this case for example, it remains to be seen who took the decision to lock the office, and if indeed this decision was adopted through the right channels, and properly implemented.
2. Formal dispute resolution mechanisms:
For employees, it is also advisable that formal channels be taken in resolving the said dispute, for example, Makerere University dispute resolution mechanisms could have been used to try and resolve this, in case this failed, then the other alternative could have been to seek Court redress in form of an Injunction, to restrain the boss from carrying out the said eviction.
This is important because of a certain rule under a branch of law called Equity, which says that "he who comes to equity must come with clean hands". This means it will be easier for you to win a case if you respond lawfully when someone else acts unlawfully.
3. Always do work which your contract states:
If your contract states the scope of your duties, then it is not advisable, in the absence of an amendment, for you to carry out other duties outside this scope, because doing so might render you personally liable.
This is because of a certain rule under the law called "Vicarious Liability". In this principle, if a person carries out a certain act, then in case of a problem e.g negligence, then the employer can be held liable, however, if the person is acting outside his/ her duty, then that person can be held personally liable.
For example, in this case, if Dr Nyanzi's contract says she is not supposed to teach, but only do research, and then Dr Nyanzi goes ahead to teach, and a problem arises during the teaching, she could be held personally liable since this is beyond her scope of duty.
4. Unlawful means of protest can give justification to Employers:
Much as informal means of protest might achieve desired results, such acts might merely give justification to an employer to get away with an unlawful act simply because the informal action might in itself comprise a reason for dismissal e.g gross misconduct.
5. How to lawfully deal with Employment Disputes:
In case of any other employment dispute, start by reporting the matter to the person in charge of Human Resource, if that fails, then report to the District Labour office, and if that fails, then you can proceed to Court.
6. Justice delayed is Justice Denied:
Another thing to remember is that sometimes cases delay for a very long time at the Industrial Court, which has an effect of reducing people's confidence in resolving employment disputes through Court.
7. A word of Caution:
However, no matter how long lawful means take, it is always advisable to proceed down this path because if you proceed otherwise, your boss will have an excuse for his/ her actions.
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Brief Facts:
According to media reports, Dr. Stella Nyanzi, a research fellow at Makerere Institute of Social Research stripped and shared nude pictures and videos on social media protesting the closure of her office. Following a number of negotiations, her office was eventually opened.
Following this act, there are a few lessons the public can learn about Employment disputes, and how to handle them. These include;
1. Fair Hearing:
In case of employment disputes, it is always advisable to give a fair hearing, its not advisable for a boss to act as judge and sometimes as jury. In this case for example, it remains to be seen who took the decision to lock the office, and if indeed this decision was adopted through the right channels, and properly implemented.
2. Formal dispute resolution mechanisms:
For employees, it is also advisable that formal channels be taken in resolving the said dispute, for example, Makerere University dispute resolution mechanisms could have been used to try and resolve this, in case this failed, then the other alternative could have been to seek Court redress in form of an Injunction, to restrain the boss from carrying out the said eviction.
This is important because of a certain rule under a branch of law called Equity, which says that "he who comes to equity must come with clean hands". This means it will be easier for you to win a case if you respond lawfully when someone else acts unlawfully.
3. Always do work which your contract states:
If your contract states the scope of your duties, then it is not advisable, in the absence of an amendment, for you to carry out other duties outside this scope, because doing so might render you personally liable.
This is because of a certain rule under the law called "Vicarious Liability". In this principle, if a person carries out a certain act, then in case of a problem e.g negligence, then the employer can be held liable, however, if the person is acting outside his/ her duty, then that person can be held personally liable.
For example, in this case, if Dr Nyanzi's contract says she is not supposed to teach, but only do research, and then Dr Nyanzi goes ahead to teach, and a problem arises during the teaching, she could be held personally liable since this is beyond her scope of duty.
4. Unlawful means of protest can give justification to Employers:
Much as informal means of protest might achieve desired results, such acts might merely give justification to an employer to get away with an unlawful act simply because the informal action might in itself comprise a reason for dismissal e.g gross misconduct.
5. How to lawfully deal with Employment Disputes:
In case of any other employment dispute, start by reporting the matter to the person in charge of Human Resource, if that fails, then report to the District Labour office, and if that fails, then you can proceed to Court.
6. Justice delayed is Justice Denied:
Another thing to remember is that sometimes cases delay for a very long time at the Industrial Court, which has an effect of reducing people's confidence in resolving employment disputes through Court.
7. A word of Caution:
However, no matter how long lawful means take, it is always advisable to proceed down this path because if you proceed otherwise, your boss will have an excuse for his/ her actions.
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Allaah gives the best to those who leave the choice to Him."And if Allah touches you with harm, none can remove it but He, and if He touches you with good, then He is Able to do all things." (6:17)
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