By Bizna Brand Analyst
So apparently, East African Portland Cement Company (EAPCC) managing director Simon Peter Ole Nkeri has been sued for contempt after allegedly refusing to reinstate five workers who a Labour Court declared had been dismissed unlawfully. The said workers who had been dismissed around 12 months ago want him to be jailed for 6 months
Majority of employees have concerns about the way they are treated at work. It is a very legitimate concern. There is a lot of public discussion over the negative impact taking legal action against an employer can have on your job, if you still work for the company you are challenging, and future jobs. In many ways taking legal action against your current employer will have a negative impact on your future with that company. It puts promotions and raises on the line.
And when you leave the company people may be unwilling to provide a positive referral. You may be treated as an outcast. Future employers that might discover you stood up for yourself may decline to hire you for fear you will do the same to them. The names of the Portland Cement employees for example are now in the media and they have probably been blacklisted by other companies.
On the other hand, if you are in a position where you are unlikely to receive a promotion, retired, or fired, there may be considerably less standing in between you and legal action. So in that situation it’s advisable to go ahead. But if you hope to be employed elsewhere, it’s not a good idea.
Employees leaving the company, either voluntarily or involuntarily, should take stock of the benefits they take from the company, such as health care and retirement plans. This is especially true for retirees leaving the workforce entirely, as your livelihood likely depends on these benefits and the employer cannot deprive you of those benefits simply because you dispute how they are handled.
Overall these fears demonstrate the truth of our labor system. Employers hold 99% of the power over the workplace. Employees typically have little recourse to a bad employment situation. Choosing between legal action and becoming an outcast at work or quitting and hoping a better job can be found is not a great choice at all. Even though the law makes retaliation a separate offense to some employment violations, it may be difficult to prove retaliation over a discretionary decision such as raises or promotions.
There can be many “right” answers to how to deal with an employment dispute. Sometimes it can be better for an employee’s wellbeing to decline to pursue legal options and focus on finding new employment at a company that treats its employees with more care. Sometimes the dispute is slight, such as a minor pay issue that can be quietly resolved with little or no continuing issues. Sometimes there is no other alternative. There may not be comparable jobs available elsewhere, you may really enjoy your job, or your pay/benefits may be uniquely important to you. In those cases, legal action is necessary to protect your job. Just know that your future will be in jeopardy
The good news for employees is that every employment dispute does not have to turn into a long, publicized lawsuit that destroys the employee’s morale, livelihood and reputation. Often disputes can be resolved by negotiation with the employer or by a very basic administrative process. Protecting your job and your rights is not always a difficult path. However, sometimes it does require litigation. The best decision you can make if you believe your employment rights or your job is threatened by your employer is to contact a lawyer your trust, who can review your situation and resolve it in the best manner possible.
