ABSTRACT

'Human Dignity is the true measure of Human Development' - (Asian Human Rights Commission 2006)

Friday, September 24, 2010

EMPLOYEE CALLING ON AN EMPLOYER TO ANSWER BEFORE THE LAW FOR BREACH OF CONTRACT AND CONDUCT REFLECTIVE OF CONTEMPT FOR THE DIGNITY OF LABOUR AND DIGNITY OF HUMAN PERSONS

In the developing world, with particular reference to Nigeria, the task mentioned above is one that the average employee would dread doing. The disposition to ask questions of leaders of government and leaders of industry for their actions, inactions and decisions is one that is grossly lacking in Nigeria. Whether in the civil service or in the private sector, the tendency is the same that employees would rather remain hushed on the clear wrongs done to society by their employers. It very well could be that the long years of military rule in the country have helped entrench a culture of victimisation and suppression of employees by employers. It can be even more baffling to know that this tendency has seeped deep into the private sector and worst still, a sector as sensitive as the banking sector. It is on this note that we wish to reflect on the recent treatment of employees by one of the very popular new generation banks, Zenith Bank Plc.

In hiring professional and even non-professional employees, the general practice in most sectors of the economy world over is to hire such employees on probation for a certain period, after which they are ‘confirmed’. This act usually comes with an implication as far as promotion and remuneration is concerned, usually a positive boost and contained in the contract of employment. Starting early 2008, Zenith Bank Plc employed hundreds of people across Nigeria as ‘EXECUTIVE TRAINEES’ who were to be on probation for a period of 12 months and to be confirmed and elevated to ‘EXECUTIVE ASSIATANT’ upon confirmation. It so happened however, that 12 months and more later, and after the employees had met their requirements and were confirmed accordingly, they were left (with few exceptions) as it were, stranded in the same position by Zenith Bank with no word of explanation whatsoever. In the absence of a union through which to channel their grievances, questions and uncertainties, these young men and women were left in utter darkness. It was only after some dramatic occurrences, courtesy one of the ‘EXECUTIVE TRAINEES’ that some action was taken (which though better than the pre existing maltreatment, fell far short of the terms of the contract of employment) by the bank in June 2010 and on 18th August 2010. These ‘dramatic occurrences’ are centred on what has today culminated in the bank filing a statement of defence through its lawyers in a case filed against it by the now former employee against the bank.

In failing to keep to the terms of the contract of employment, Zenith Bank is saying that its management can revise the terms and conditions of the contract of employment in any manner without either recourse to the employee, or even notice to the employee whether before or after such revision. In other words, Zenith Bank is arrogating to itself the powers and rights to arbitrarily alter/vary the terms of a binding contract of employment. In this 21st century world where all dictatorships are giving way to civil ways of conducting government, corporate and general human affairs, it remains to be seen if a judge can or indeed will uphold this position. Kajit Vs. Zenith Bank Plc and Jim Ovia with suit number LD/1515/2010 is the case in view.

TO BE CONTINUED...