Handling Work Place Disputes Legally
The Employment and Labour Relations Act, 2007 governs the rights and obligations of employers and employees, providing a legal framework on fair work treatment and dispute will be resolved at a workplace.
Workplace disputes could result from:
- Unfair dismissal: which is the termination of an employee’s employment in a manner that is considered improper or unjust as per the Employment and Labour Relations Act. Unfair termination could occur due to an employee being terminated without a proper notice, redundancy or a dismissal. Therefore, fair reasons for termination should be given and followed by a defined procedure before the employee is dismissed so as to avoid claims for wrongful termination.
- Breach of contract: where the employment contract is breached, it could lead to a dispute as a party may have failed to perform their obligations as per the contract. The main breaches often occur due to unfair deduction of wages or non-payment of wages owed to a employee, and/or denial of benefits that are rightfully guaranteed to an employee.
- Unfair treatment/discrimination: Article 27 of the Constitution of Kenya, 2010 grants all persons the right against discrimination on any basis. Whilst the obvious forms of blatant discrimination could manifest in ways such as sexism, racism or ageism; these could overall manifest into discrimination in ways like being unfairly compensated in comparison to colleagues, being subjected to unfair dismissal or disciplinary measures, or being passed over for well-earned opportunities and training.
- Workplace harassment: which is any unwelcome or inappropriate behaviour based on an employee’s race, color, religion, sex, nationality or disability. The employee could report the incident to their human resource to record the occurrence; and afterwards file a claim at the Employment and Labour Relations Court.
While most of these issues and others can be resolved within the workplace, save for any criminal conduct, they should be done in accordance with the employment laws.
In case the dispute fails to be resolved, the matter can be filed, within the prescribed time period, at the Employment and Labour Relations Court; which also handles several other forms of claims arising out of employment.
For more insights pertaining to this matter, you can reach the writer at maureen@mmsadvocates.co.ke. You can also find us at MMS Advocates, Lower Duplex Apartments, Lower Hill Road, or email us at info@mmsadvocates.co.ke