WORKPLACE CRIMINALITY – Can an Employer Fire an Employee Over a Case In Court?

 Gbenga was a cleaner at AC Ltd. On a Tuesday morning, while carrying out his duties, Gbenga was arrested by the police, alongside a security guard. Apparently, it was alleged that on a morning like this, Gbenga had stolen diesel from AC Ltd. Following an internal investigation, it was noted that Gbenga had carried out this act before, in cohorts with the security guard. The management decided to dismiss Gbenga based on the outcome of its internal investigations, despite the matter pending in court. Is this the right way to go?

The inherent powers of the employer to punish a fairly heard employee for infamous conduct in the workplace is hardly ever in contention. However, where the conduct of the employee not only constitutes a misconduct by the handbook/contract of employment but also a crime under penal laws (hybrid misconduct). Whilst the employer has a right to discipline an employee for an infraction, only courts have the power to convict for a crime. When such hybrid misconduct, therefore, is committed by the employee, questions concerning whether the employer can dismiss before conviction by a court must be addressed. In this article, we take a critical look at the ambit of powers of the employer to discipline an employee that commits a crime in the course of his employment, in the light of the constitutional rights of the employee.

THE ACTION

A misconduct has been defined by the courts as an act of the employee which amounts to a dereliction of duty; gross misconduct is a conduct which is grave or weighty, as to undermine the confidence which should exist between the employee and the employer. Depending on the peculiar facts of each case, where the employee commits any act which breaches the contract of employment or undermines the interest of the employer, the employer has the power to subject the employee to disciplinary measures, including dismissal.

Where an employee is under criminal investigation or prosecution by law enforcement agencies and before an administrative tribunal of the employer, at the same time, there is the possible risk that an act of the employer may constitute a breach of the fundamental right to the presumption of innocence until the determination of the criminal charge. Can an employer still terminate the contract of employment in view of the facts, without recourse to the criminal proceeding?

THE OLD

In the old dispensation, there was a presumption of innocence in favour of such an employee, precluding the employer from taking any administrative action which may infringe on the employee’s constitutional right to be presumed innocent until proven guilty. In the case of Union Bank Of Nigeria Plc V. Haruna Ayuba Musa,¹ the employee was alleged to have impersonated his elder brother and used the latter’s school certificate to secure employment with the Union Bank; and that he fraudulently obtained the birth certificate. The Court of Appeal, relying on the Savannah Bank of Nigeria Plc V Fakokun², held that before Union Bank can validly terminate the employment of the respondent, ‘the employee must be tried before a Court of Law where the accusation against the employee is for gross misconduct involving dishonesty bordering on criminality.’

THE NEW

There has been a general departure from the old rule placing the employer at the mercy of the courts. In Zenabor V. Bayero University, Kano³ for example, it was held that it is not in every case that an employee must be arraigned before a court before disciplinary action can be taken against him. The court further held that once the offence committed by the employee is within the domestic jurisdiction of the employer, disciplinary action in such a case can be taken without recourse to a criminal charge. In other words, an employer has the power to discipline an employee for an infraction on its code of conduct irrespective of any other action that may be taken by the public prosecutorial agencies/authorities against the employee.

There is also a Supreme Court decision to the effect that where the employee admits guilt, the employer may proceed to discipline the employee without recourse to decisions of a criminal court. The pronouncement of the Court in the case of Dongtoe v. C.S.C. Plateau State (2001) 9 NWLR (Pt.717) 132 at 159 is in terms: “It seems to me preposterous to suggest that the administrative body should stay the exercise of its disciplinary jurisdiction over a person who had admitted the commission of the criminal offences. The inevitable inference is that criminal prosecution should be pursued thereafter before disciplinary proceedings should be taken. I do not think the provision of the law and effective administration contemplates or admits the exercise of such circuitous route to the discipline of admitted wrongdoings.”

The attitude of appellate courts to the issue of the power of the employer to dismiss the employee for (gross) misconduct has been followed by the National Industrial Court (NIC). A review of recent decisions of the NIC would reveal that clearly, the law backs the employer to relieve a criminal employee of his duty irrespective of the decision of the court, once it manifests that the conduct of the employee breaches the confidence of the employer in the employee. In Folami v Union Bank of Nigeria⁴, the claimant, an erstwhile staff of Union Bank, was dismissed on the ground of irregularly obtaining a mortgage in collusion with some staff of the defendant Union Bank. The court upheld that the employer’s decision to dismiss the claimant for gross misconduct involving dishonesty.

The NIC towed the same line in Stephen Izonebi v Federal Civil Service Commission & 2 Ors⁵ where the defendants were dismissed on an allegation of leaking a yet-to-be-delivered judgement of the Supreme Court. The court further held that the decision of the Federal Civil Service Commission to dismiss the claimant employee was not in breach of their right to fair hearing under section 36(1) of the 1999 Constitution. The NIC also upheld the dismissal of an employee under investigation for a criminal charge, under investigation for alleged involvement in fraudulent credit transfer valued at N350 million, in Samson Kehinde Akindoyin v Union Bank of Nigeria Plc⁶.

CONCLUSION

The recent position of the courts with regards to cases of a hybrid misconduct, as in the cases above, confirm the employer’s right to administratively ‘try’ an employee for an infraction and, thereafter, subject the employee to a disciplinary measure, such as dismissal where the employee is found culpable. However, it is noteworthy that the employer must not dismiss the employee without according the employee his or her right to be fairly heard before an impartial administrative panel before sanctioning the employee. The facts of each case and the policies of the organisation/terms of engagement would also be considered.

Credit:

www.brandprung.com/category/opinion/

 

COVID - 19: EFFECTIVE HUMAN RESOURCES MANAGEMENT INTERVENTIONS

Unexpected eventualities are part of our existential exigencies. It is how we react to them that determines how we come out of them. The advent of COVID -19 is one of those unexpected eventualities of life, at least for most countries of the world which had no foreknowledge of the pandemic until it broke out. 

Since the pandemic broke out, different organizations have reacted in different ways. Most organizations were quick at turning to work-at-home for as many of their workers that could possibly tele-commute. Some organizations are already laying off their workers via email and other means possible depending on their individual peculiarities. 

Of the various possible effect of this unexpected pandemic, the following should and would be discussed. 

a) loss of employees

b) employee emotional imbalance 

c) "unreasonable" employee demands

d) social distancing "carryovers"

A. Loss of employees 

COVID - 19 will not go without leaving its scars on some organizations by way of reduction in the workforce. This would be occasioned by way of employees being victims of the pandemic, or employees could have lost a close family member, an occurrence that could cause employees to relocate to another city entirely to start a new life entirely. Employees could also be lost by way of former employees getting new offers in the course of the lockdown. Or they may have upgraded their skills and not willing to return to their former "low" positions. In any of these scenarios and any other like them, the onus will be on the HR of the affected organizations to respond to fill the vacant positions as soon as possible to avoid unavoidable vacuums in operations. Proactive HR will make use of available job applicant data bank to effect timely replacements. Where such data banks don't exist, outsourcing to reliable recruitment agencies may save the day. Better still and to save costs, proactive HRs may make a study of positions in the organization and occasionally, during this lockdown search applicants' CVs online and note down qualified candidates, just in case positions became vacant after the lockdown.

 

B. Employees Emotional Imbalance 

Some employees who will be returning to work after this pandemic lockdown may have lost one close relation or the other. They therefore may return to work a totally different person because of the trauma of their loss. They could become withdrawn or unnecessarily edgy. This may invariably affect their productivity negatively. In this case, the training their colleagues have received in emotional intelligence will come handy to rescue the situation. In organizations where employees have not been put through such training in the past, HR should endeavour to quickly organize training in emotional intelligence to help employees cope with their colleagues' emotional imbalance. 

C. "Unreasonable" Employees Demands

With the advent of this pandemic and the eventual lockdown, it should be expected that some employees may have upgraded their skills with the hope of coming forward with demands such as increased pay, promotion, better perks, and the likes without any thoughts as to what the time they have taken off work has had on the organization. HR in this position should be prepared for adequate employee relations and counseling. HR's employee relations and engagement skills would be tested, sometimes, beyond limits. In some cases, the employee handbook and the HR policies may need to be reviewed. I must warn however that this may not happen without some squabbles, especially in unionized environments.

D. Social Distancing "Carryovers"

Some employees will be returning to work with a carryover of the social distancing syndrome occasioned by the pandemic. Social interactions in the workplace may be affected.  This will invariably affect communication and therefore productivity in the workplace. HRs should therefore put in place means of improving communication in the workplace. Team-bonding activities should also be introduced and encouraged to take place at short intervals till normal employee or workplace interactions return. 

In conclusion, to hope that the pandemic and various measures put in place will not affect how employees work and organizations function will be wishing for the impossible. The only antidote to mitigate its effects is for organizations to be ready and proactive in their approaches to responding to its possible effects. 

Five Things Weak Managers Do Instead Of Leading

By
Liz Ryan - CEO and Founder, Human Workplace

Just having the title “Manager” doesn’t make you a leader. Unfortunately, there are plenty of people in management positions who don’t know how to lead. They drag their teammates down by picking at them over tiny things instead of inspiring them to greater heights.

It’s a sad situation, and if you find yourself working for someone who can’t mentor you to keep learning, you may want to think about getting a different job.

The job market is heating up dramatically. Employers are fighting over talent. At the bottom of this column you’ll find links to articles about how to job-hunt effectively in this new-millennium workplace.

Here are five things lousy managers do when they should be leading and inspiring their teams:

They watch people do their work.

We have to feel some compassion for managers who don’t know what their job is. Lots of people get thrown into management jobs without training or support. They don’t know what to do, so they watch their team members do their jobs, and it’s oppressive.

I remember one boss standing over me while I composed a newsletter for our sales force. She stood behind me as I typed paragraphs onto the screen and she edited my work in real time. Talk about overbearing! Poor managers who don’t have anything more significant to do may decide their time is best spent watching and criticizing their teammates while they work.

They kiss up to bigger bosses.

One of the easiest ways to spot a manager who doesn’t understand leadership is to watch them with their own boss. Good managers tell the truth to their higher-ups because they assume they were hired for their brains and their opinions. Poor managers don’t tell the truth. They tell their boss whatever they think their boss wants to hear.

They make pronouncements, establish rules and hand down punishments to make sure everyone knows they’re in charge.

Poor managers boss people around. They spend time dreaming up  new rules and restrictions to make sure that their team members know who’s in charge. The problem is that the more rules and restrictions you put on people, the more you slow them down! The more you trust your capable staff, the better everyone will feel and thus perform in their jobs.

They make their subordinates listen as they pontificate.

I worked for a horrible manager who find new and creative ways to torture me and me co-workers every day. One of his favorite things to do was to come over to my cubicle and lecture me while I was working. He pontificated, railing on about his views on life and leadership for my benefit. I gritted my teeth and tried to get my work done while he literally breathed down my neck. Good managers give people room to breathe. They have their own work to keep them busy!

They micro-manage.

The last item on our list is one that lousy managers are famous for: micro-managing! You’ll know you’ve got a micro-manager to deal with when your supervisor tells you to copy him or her on every email message you sent out, or instructs you not to talk to a certain person without his or her permission. A micro-manager doesn’t trust himself or herself to let people do their jobs.

They have to watch their team members like a hawk, because they don’t believe that people can do their jobs capably without close supervision. Micro-managers are fearful. They can’t inspire their teammates because they are mired in fear.

If you have a micro-manager on your back, don’t get mad. He or she can’t help it! Take an extra minute to fill your manager in on your plans and update them on your progress every chance you get until your micro-manager begins to back off and relax. Most of them will get there eventually. You will grow new muscles in the process of getting your micro-manager out of your business, and your customers will benefit!

Five Signs You Work For A Weak Manager

By

Liz Ryan - CEO and Founder of Human Workplace

I write about bringing life to work and bringing work to life.

We are learning more and more about leadership all the time. One of the biggest “Ahas!” new and experienced managers (and the people who work for them) have experienced over the past few years is the realization that being a strong manager doesn’t mean being forceful or domineering.

It’s just the opposite — strong managers are strong enough to lead through trust, whereas weak managers have to use the force of their job titles to make people listen to them.

When we talk about fear-based management, it’s the weak managers we are referring to! You can spot a weak manager at a hundred paces or more, because weak managers are the ones who raise their voices, make threats and generally keep their teammates off-balance and worried about pleasing the manager when our customers need them to be happily focused on their work.

Strong managers lead through trust. They trust their teammates and their employees trust them. They don’t have to be right. They don’t care whether they are right or not, as long as the right answer emerges from the conversation. They don’t have to be bossy. They trust their employees to know what to do and to ask for help if they need it.

Weak managers don’t trust themselves enough to lead that way!

Here are five sure signs that your manager is a weak manager pretending to be strong. We can feel sorry for him or her but you don’t have time to waste in a workplace that dims your flame. If your manager is not a mentor and an advocate for you, you deserve to work for someone who is.

Can’t Ask for Help

When a weak manager isn’t sure what to do next, he or she won’t ask the team for help. Instead, the weak manager will make up a solution on the spot and say “Just do it — I’m the manager, and I told you what I want!” A weak manager cannot ask for input from people s/he supervises. If you try to reason with your weak manager, s/he’ll get angry.

Needs a Handy Scapegoat

When a weak manager notices that something has gone wrong, he or she has one goal in mind: to find somebody to blame! A strong manager will take responsibility for anything that doesn’t work out as planned, and say “Well, what can we learn from this?” A weak manager can’t take on that responsibility. He or she must pin the blame on somebody else — maybe you

Can’t Say “I Don’t Know”

A strong manager can say “I don’t know what the answer is” many times a day if necessary, but a weak manager is afraid to say “I don’t know.” He or she will lie or start throwing figurative spaghetti at the wall to see what sticks.

Strong managers learn fast because they learn from successes and misfires, both. Weak managers are not as open to that kind of learning, because so much of their mental and emotional energy goes to deflecting blame when something goes awry.

Measures Everything

Strong managers focus on big goals. They follow the adage “The main thing is to keep the main thing, the main thing.” Weak managers get sidetracked with small, insignificant things. That’s why a weak manager will know that you worked until nine p.m. last night averting disaster, but still call you out for walking into work five minutes late the next morning.

Weak managers rely on measurement instead of judgment when they manage people. They have a yardstick for everything. They will say “I manage by the numbers” when in fact, they aren’t managing at all.

Can’t Say “I’m Sorry”

The last sign of a weak manager is that this kind of manager cannot bring him- or herself to say “I’m sorry” when a stronger leader would. They can’t be criticized and they can’t accept feedback, however compassionate. They can’t take it in, because their ego is too fragile to acknowledge any room for growth.

Life is long, but it’s still too short to waste time working for someone who can’t be human and down-to-earth at work. Work can be a fun and creative place, or a sweat shop where you count the minutes until quitting time.

One of the biggest determining factors in your satisfaction at work is the personality of the manager you work for. Don’t you deserve to be led by a person with the courage to lead with a human voice?

THREE (3) SIMPLE WAYS SOLE-PROPRIETORS DISCOURAGE EMPLOYEE PRODUCTIVITY

Arguably, productivity is a key issue in the bilateral employer-employee relationship everywhere in the world. The fact remains however,  that both the employees and their employers contribute, in no small measures to whether the former gives what the latter desires, productivity.

Experience over the years have shown that most employees have high expectations when joining an organization as employees. Most employees come to organizations, ready to sacrifice whatever because they intend to reach the peak of their careers or because they needed to earn in order for them and their families to survive.

Unfortunately, many at times got the first blow of discouragement on their first day at work from no other person than their employer. It is either in the way the organization is ran, that is, the style of management or the prevailing organizational culture.

Are you an employer? The under-discussed are three simple ways you could annihilate productivity in your employees:

1. Lack of Trust In Your Employees
Painfully though, many employers, rather than seeing an employment as a relationship between them and their employees, they see it as that they are lending a helping hand to the employees by providing employment.

A robust employer-employee relationship requires mutual respect from and to both sides. It is important that the employer respects and trust the employee. One of the first step to destroying the productive instincts of an employee is when such an employee realizes that she/he is not trusted either as a person or an employee.
Lack of trust erodes loyalty and faithfulness and kills morale, and therefore, productivity. Besides, it engenders a regrettable situation whereby the affected employee becomes unconcerned about both the company's image and it's facilities. This action hinges on the fact that an untrusted employee feels unappreciated. And no employee is ready to save a dime for an employer who does not trust them.

2. Micro-managing Your Employees
Box your employees in. Monitor and query everything they do. Be sure that you are aware of all the happenings around the workplace. Give them no operational latitude. Dish out instructions to them as if they were primary one pupils. Be no different from a heinous primary school headmaster. Vet everything your employees are doing. Make sure that every paper passes through you and ensure you query every penny spent. Be the one to dictate all of their moves and intentions for the organization. Ensure they call you for solution to every problem that arose in the course of discharging their duties.With these kind of attitudes, you will not only successfully kill productivity in your employees, you will even bury it.

For employees to function optimally, they require some level of freedom. The freedom you leveraged them will give them room to use their initiatives and help their creativities in no small measure. With the little freedom they enjoy, their brains can "roam" instead of being stereotypically stationed to what the boss wants. The freedom you give them will help them develop problem-solving skills. It will help them develop confidence and become more self-reliant, which is good for productivity and therefore, organizational growth.

3. Don't Appreciate Them
What are employees for anyway? Are they not just pests that are only out to look for what they could make out of the organization? How many of the really have the interest of this organizational at heart? Are they not all after their salaries? What are they even doing that I can't do myself? Is their involvement not increasing the right-hand side of my company's balance sheet? Why do I even need to respect them? After all,  I feed and clothe them and their families now! I am their last hope! Without me and my company, they can't even feed, let alone becoming something in life. Appreciate them? Appreciate the people I give orders? Is their contributions to this company appreciation deserving?

My dear employer, with these kind of thoughts in your head, your company will soon become history. The truth of the matter is that you can't do everything alone. You need people! You need ideas for effective running of your organization. And when you have the people, you don't treat them like trash. You've got to know that every human being has their personal dignity as persons, and you've got to respect them for that, even though they are your employees and you feed and clothe them as your thought process suggested. You need to be aware of the fact that they aren't beggars! They have something which you saw and made you employ them in the first place. Therefore, disrespecting them will be at your own risks.

"If they mess up, I'll fire them." That is another terrible thought process and line of thought. Fire them? Do you remember how much, both in kind and in cash it cost you to employ each of the employees? Maybe you don't know that the cost of employing another employee is too great to contemplate.

As employers and managers, we need to appreciate our employees. Be humane enough to inquire about how their families are doing. Tease them about their new shirts, shoes, etc. Attend their ceremonies. Say thank you for every little thing they do. Recognize and commend every little achievement. Talk to them gently, even when they make mistakes; they are your co-partners.  Learn to tolerate and accommodate their excesses; you also have yours! Learn to greet your employees even before they greeted you. Show them respects, honour and love!

When you avoid these three pitfalls, you challenge your employees, not only to want to do more, but to want to go the extra miles for your organizations to the extent of taking risks. Nothing gingers productivity like employee happiness which is actually a pointer to the fact that your organization is an employer-of-choice.

At SALIENT CONSULTING, with our over twenty years of experience in diverse organizations, we have the expertise to help smoothen the bi-partite employer-employee relationship to the benefits of both parties. 

Our services are tailor-made and at reduced cost to your organization. 

5 redundancy mistakes that must be avoided at all costs

Redundancy is a nightmare for both staff and employers, but unfortunately, sometimes there is no alternative.  

Speaking to HR Grapevine, Karen Bexley, Partner and Head of Employment Law at MLP Law, shares the five mistakes that must be avoided at all costs during the redundancy process.

1. Make a plan

Bexley says: “The most important aspect to remember is that putting together a proper plan can save a lot of time and money, and will help to ensure that no issues arise further down the line. One of the most common mistakes is rushing through the redundancy process and not conducting appropriate consultation sessions with employees to inform them of possible redundancies. Employees must be made aware of the risks at the earliest instance before any final decisions are made, and the reasoning behind such proposals."

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2. Train your managers

Bexley argues on the importance of having your managers know what they are doing. She explains: "It can regularly be the case that companies have failed to train managers properly on the redundancy process, and so they may not fully understand how the consultation stage works. This is another common mistake that must be avoided - all managers should be trained before conducting the process so that they know what is involved and can implement consultation sessions effectively and appropriately."

3. Consider the reason firing

“Making an employee’s role redundant due to performance issues is another mistake that is sometimes made," Bexley says. "Employees who are dismissed under these circumstances may be able to bring a claim of unfair dismissal against the company as this should be handled under disciplinary procedures. Performance concerns are often interrelated as if the employee was performing in that role then it is unlikely the company would want them to leave. However it’s important to ensure that performance issues are not be dealt with be a sham redundancy process."

4. Be realistic

Close to making the plan is the importance of making it realistic. Bexley explains: “It is also vital that a realistic, and flexible, time frame is put in place. If the deadline is not realistic, it is likely that the process will be rushed in order to meet the expected conclusion date, and this could mean falling foul of the consultation requirements. Again, this highlights the importance of taking the time to carefully plan each stage so that decisions can be made flexibly and comfortably."

5. Use the word 'proposed'

Bexley argues: “During the consultation stage, the word ‘proposed’ should be used as often as possible. This helps to show that the final decision has not yet been made and that the process is still in the proposal phase. And until the final decision has been made, any information that is included in emails and documents should not indicate that final decisions have been made both over the roles and the individuals who will be made redundant. It’s important to be careful about the information that is issued as written documents, as these may be dis-closable as part of a tribunal claim or request under the Data Protection Act.”

Credit: http://www.hrgrapevine.com/markets/hr/article/2015-10-23-the-5-redundancy-mistakes-that-must-be-avoided-at-all-costs

7 LUCRATIVE THINGS TO DO WHILE WAITING FOR A JOB

Written by May Audu January 25, 2016

The rate of unemployment is increasing by the day, to capture the attention of your future employers therefore; you have to do things differently to distinguish yourself from the crowd. As a young school leaver/ job seeker in Nigeria, there are several things you can do to boost your skills, maximize your strengths and prepare yourself adequately for the job market.

Here are a couple of tips that have worked for others over time:

1) Invest in yourself by attending relevant courses and trainings
Lots of people say that trainings and courses in Nigeria are expensive but a quick search on Google or just taking time out to make enquiries in some training institutes will show you free courses and trainings within your neighborhood that are geared towards making you more “employable”, helping you acquire more skills and giving you an edge over other job seekers.

2) Volunteer or do a free internship
While waiting to land the dream job, strategic volunteering increases your chances at getting employed. Unemployed Journalist? Volunteer to a local media house. You can also offer pro bono services to NGO’s to ensure that your skills are up-to-date.

3) Network and Optimize your Circle of influence
If you have worked before, this is the time to pull out your diary and get in touch with ex-clients, ex- partners, internship supervisors and ex-colleagues and spread the word about your search for a job.

As a young school leaver however, you can speak to your friends and those within your social circle; church groups, gyms, online forums, e.t.c. You will be surprised that someone may just have the perfect job for you.

Also attend events sponsored by your alumni, go to lectures and relevant events organized for your industry. These events are perfect for meeting future employers and also exchanging ideas with people of like-mind.

4) Freelance
In this age of the internet, you can stay home and earn a living. So how about offering your skills on some freelance websites? Freelancing will increase your experience, skill, resume, income and self-confidence.

5)Build an online presence
How about using the online platforms like Facebook and Blogs to talk about your passion?

LinkedIn is also a great platform for networking, meeting future employers of labor and decision makers. So create a profile there, include important keywords you want to be seen for, include your portfolio/skill set/education, then connect and engage human resource personnel and decision makers in organizations you want to work for.

6) Take Care of yourself
Job-hunting can be tiring and draining as long hours are put into searching and applying for suitable positions; it’s advisable that you take some time out and focus on what you love doing. Be it singing, dancing, going to see a new movie, or just hanging out with supportive friends. Exercising it also a good way of ensuring that you stay healthy, positive and determined.

7) Entrepreneurship
You can also be your own BOSS by going into business whether small scale or big depending on your capital,by this you don't have to answer to anyone. Develop your ideas for services that will be desperately needed in the future.