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Nisaidieni issue hii ya labour

Discussion in 'Jukwaa la Sheria (The Law Forum)' started by Lawkeys, Mar 3, 2010.

  1. Lawkeys

    Lawkeys JF-Expert Member

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    Harrassment at the work place

    There is lady who was working with one company, whe she had of green pasture somewhere else she applied for the job and she was called for an interview and finally she succeeded to secure a post. This lady proceeded to terminate her employement with the former company that she may join with the new employer.

    The new bosses are Indians and Kenyans, she has been offered a probation period of 3 months. She started working on tuesday 2 March 2010. On first appearance at the work place all the male workers including the big boss started sexually abusing her by touching her without her consent. This lady being dissent she did not coperate.

    Today the boss have direct the guard not to allow her to enter in the office. She thought of returning back to the former employer, this seems impracticable to her. Now she is labouring under this dilema, mind that she has her youngstars and the parents who depend on her.

    Issue

    Does she have any labour case at this juncture?
    I know of the indirect termination, but is there any substantial compensation which she may get?
    Which is the right forum to pursue this matter.
     
  2. carmel

    carmel JF-Expert Member

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    Does she have a written contract? Any evidence of sexual harassment?
     
  3. bht

    bht JF-Expert Member

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    tuanzie hapo hapo
    ushahidi wa kuwa sexual harrassed kwanza.......
     
  4. Lawkeys

    Lawkeys JF-Expert Member

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    Yes she has, the contract among other things provides for a probation period of three months. And with respect to proof of sexual harrasment, this is a bit tricky, a girl enters the office of the boss, the boss touches her in a manner that implies sexual harrassment. Mind that all other employees of the company a males and they all does the same, touching her and all of that making the working enviroment very unfriendly. What is the evidence then, who can be a witness, this is the situation.
     
  5. bht

    bht JF-Expert Member

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    yaani ofisi yote hiyo ndo tabia yao?? wana-deal na mabbo gani??
    case kama hizo bana ni ngumu kwenye proof..(beyond reasonable doubt)
    aweke mtego ikiwezekana.....
     
  6. carmel

    carmel JF-Expert Member

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    Lakini atawekaje mtego wakati kashaambiwa asiingie ndani? na hiyo ofis ni ya aina gani hata wanaume waanze tu kum caress bila utaratibu? sorry but i see it differently, could it be she is provoking them? how come all men do the same thing to her keeping in mind she is a stranger without her inviting them in a way?
     
  7. carmel

    carmel JF-Expert Member

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    Lakini pamoja na hayo, bado ana kesi kama akipata wakili mzuri, bado anaweza kuwashtaki kwa kufukuza kazi kwanza under unfair termination. kosa lolote lazima mtu apewe warning kwanza i think, maana alishaanza kazi hivyo ni mwajiliwa wao.
     
  8. bht

    bht JF-Expert Member

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    mamaa wasi wasi wngu ni kuwa dada huyu bdo ako probation period!!! mwajiri hapo anachomoka kiulaini kabisaaaa!!!
     
  9. m

    mnozya Senior Member

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    PLZ MKUU NAOMBA UNIUNGANISHE NA HUYO MHUSIKA ILI TUWASHUGHULIKIE IPASAVYO WAHALIFU WA JINSI HIYO. Na dada anatakiwa afidiwe ipasavyo.

    PLZ NAOMBA UNIUNGANISHE NAYE, NITAMSAIDIA FREE OF CHARGE
     
  10. bht

    bht JF-Expert Member

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    mimi nina maswali kibao yaani iweje wanume wooooooote kwenye hiyo ofc wamfanyi ehivo jamani??? hainiingiii akilini kwa kweli
    there is something me and you dont understand here (ukizingatia the given facts)
     
  11. mayenga

    mayenga JF-Expert Member

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    Mh! Mungu akubariki.
     
  12. bht

    bht JF-Expert Member

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    haya basi mkuu kwa faida ya wote hebu tusaidiane kuichambua hii case hapa......
    we all wish to help maan ahii ni case moja tu iliyobainishwa hapa but there are several cases of sexual harassment at work places and unfair termination!!
     
  13. Shadow

    Shadow JF-Expert Member

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    Termination letter inasemaje? Je, unapokuwa kwenye probation inamaanisha waweza kufukuzwa at the pleasure of the employer? Kama amezuiwa kufanya kazi basi anaweza kuanzia hapo kwenda kumtembelea labor officer.
     
  14. carmel

    carmel JF-Expert Member

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    lakini there must be a way of compasation aisee. maana wamemfanya huyo dada aache kazi kwingine, wakampa contract, wakimfukuza lazima wamlipe, dont you think so?
     
  15. carmel

    carmel JF-Expert Member

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    Na kwa jinsi alivyoripoti kaka, hakuna termination letter, ila walinzi wamepewa order wamzuie. yeah, aende labor office.
     
  16. Devils Advocate

    Devils Advocate Member

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    BHT,
    The starting point is the section being reproduced herein and the highlighted sections which are found in the Employment and Relations Act.

    7.-(1) Every employer shall ensure that he promotes an equal opportunity in employment and strives to eliminate discrimination in any employment policy or practice.

    (2) An employer shall register, with t he Labour Commissioner, a plan to promote equal opportunity and to eliminate discrimination in the work place.

    (3) The Labour Commissioner may require an employer-
    (a) to develop a plan prescribed in subsection (2); and
    (b) to register the plan with the Commissioner.
    (4) No employer shall discriminate, directly or indirectly, against an employee, in any employment policy or practice, on any of the following grounds:
    (a) colour;
    (b) nationality;
    (c) tribe or place of origin;
    (d) race;
    (c) national extraction;
    (f) social origin;
    (g) political opinion or religion;
    (h) sex;
    (i) gender;
    (j) pregnancy;
    (k) marital status or family responsibility;
    (1) disability;
    (m) HIV/Aids;
    (n) Age; or
    (o) station of life.
    (5) Harassment of an employee shall be a form of discrimination and shall be prohibited on any one, or combination, of the grounds prescribed in subsection (4).
    (6) It is not discrimination -
    (a) to take affirmative action measures consistent with the promotion of equality or the elimination of discrimination in the workplace;
    (b) to distinguish, exclude or prefer any person on the basis of an inherent requirement of a job;
    (c) to employ citizens in accordance with the National Employment Promotion Services Act, 1999,
    (7) Any person who contravenes the provisions of subsections (4) and (5), commits an offence.
    (8) In any proceedings-
    (a) where the employee makes out a prima facie case of discrimination by the employer on any of the grounds prescribed in subsection (4), it shall be the duty of the employer to prove
    (i) that the discrimination did not take place as alleged; or
    (ii) that the discriminatory act or omission is not based on any of those grounds; or

    (b) employer shall prove a defence in terms of subsection (6) if the discrimination did take place on a ground stipulated in subsection (5);
    (c) the Labour Court or arbitrator, as the case may be, shall take into account any plan registered with the Labour Commissioner under this section.
    (9) For the purposes of this section-
    (a) ''employer'' includes an employment agency;
    (b) ''employee'' includes an applicant for employment;
    (c) an ''employment policy or practice'' includes any policy or practice relating to recruitment procedures, advertising and selection criteria, appointments and the appointment process, job classification and grading, remuneration, employment
    benefits and terms and conditions of employment, job assignments, the working environment and facilities, training and development, performance evaluation systems, promotion transfer, demotion, termination of employment and disciplinary measures.

    (10) For the avoidance of doubt every employer shall take positive steps to guarantee equal remuneration for men and women for work of equal value.

     
  17. Shadow

    Shadow JF-Expert Member

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    Tena kama wanamyanyapaa kwa sababu ni mdada ni yeye kwenda na mashahidi hiliwarekodi kuziwa kwake kisha awaone TAMWA et al kwamba kazini kwake wanamnyayapaa kwa sababu ni mdada na kwamba ametengenezewa mazingira yanayomfanya ashindwe kuperfom effectively. Mwisho wa siku, she as to seek for damage suffered etc.
     
  18. Devils Advocate

    Devils Advocate Member

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    TAMWA hawawezi kuwa wa msaada sana labda TAWLA. Ila cha muhimu ni kufahamu kuwa hii issue inatatulika kwa kwenda CMA maana hii siyo criminal matter. Onus of proof ni ya employer and employee.

     
  19. bht

    bht JF-Expert Member

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    asante DA kwa vifungu, na mie nilikuwa najitahidi kupitia hapa
    kwa manufaa yawengi pia TAMWA = Tanzania Media Women Association
    TAWLA= Tanzania Women Lawyers Association.
     
  20. Yo Yo

    Yo Yo JF-Expert Member

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    This lady first needs to understand that, this is purely sexual harrassment that inculcates disciplinary actions against the other party and against our norms. I would in one way or another advise the lady to take it up with labor law experts of whom I personally believe are there and willing to assist...This is not acceptable at all, lawyers please assist....
     
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