Good day
My name is Elliot I work for an NGO on a fixed-term employment contract of 12 months renewable. A whistle blow was raised on me for carrying unauthorised passengers in the company vehicle. However, the passengers who were in the car were my wife and my daughter, the company policy on motor vehicles is very clear that my immediate family members are allowed to ride in the vehicle that i will be driving. The person who blew the whistle was in the car together with my family member but was ignorant of the motor vehicle policy. I was flagged for a disciplinary hearing, i then availed the policy to my manager who was also ignorant of the policy. The person who made the whistle-blower reported the issue to the boss whom she happen to be in a relationship with.
The two then hatched a plan to still have me fired because after failing to nail me on the miscued and misplaced misconduct, I was being victimised and being micro-managed with so many spot checks, it was now a witch hunt and i was so frustrated. I then reported the matter to the Human Resources department and an investigation was carried out. My report to Human resources was leaked to the same people i was reporting on, then the victimisation was even more and more people were influenced against me including some of the senior management.
The report of the investigation took almost a year for me to get a response. It only came when i had protested to the Human resources department again after i was transferred without notice, I was transferred away from my family and home town to a station 450km away without an explanation, and the transfer letter stated that I can contact the HR department for any clarification, I did so and it took them more than three months to respond after several follow-ups while I had already relocated to the new station. The response was simply that it is the prerogative of the organization to move and transfer employees as they see fit. According to my understanding of the whole matter, this was a direct whistleblower retaliation, prejudice and punishment of my report.
When I joined the organisation in 2020, I was deployed to a station that was 280 km away from my family and home town. I requested for a transfer to my home town on the grounds that there was a vacancy and that I will be with my family especially my wife who has a permanent healthy condition that requires constant monitoring. Now they have transferred me to a station which is 450 km away from my family.
My question is, is this not unfair labour practice? Can there be any legal recourse to such practices? I am in Zimbabwe.
From Mauritius
My name is Elliot I work for an NGO on a fixed-term employment contract of 12 months renewable. A whistle blow was raised on me for carrying unauthorised passengers in the company vehicle. However, the passengers who were in the car were my wife and my daughter, the company policy on motor vehicles is very clear that my immediate family members are allowed to ride in the vehicle that i will be driving. The person who blew the whistle was in the car together with my family member but was ignorant of the motor vehicle policy. I was flagged for a disciplinary hearing, i then availed the policy to my manager who was also ignorant of the policy. The person who made the whistle-blower reported the issue to the boss whom she happen to be in a relationship with.
The two then hatched a plan to still have me fired because after failing to nail me on the miscued and misplaced misconduct, I was being victimised and being micro-managed with so many spot checks, it was now a witch hunt and i was so frustrated. I then reported the matter to the Human Resources department and an investigation was carried out. My report to Human resources was leaked to the same people i was reporting on, then the victimisation was even more and more people were influenced against me including some of the senior management.
The report of the investigation took almost a year for me to get a response. It only came when i had protested to the Human resources department again after i was transferred without notice, I was transferred away from my family and home town to a station 450km away without an explanation, and the transfer letter stated that I can contact the HR department for any clarification, I did so and it took them more than three months to respond after several follow-ups while I had already relocated to the new station. The response was simply that it is the prerogative of the organization to move and transfer employees as they see fit. According to my understanding of the whole matter, this was a direct whistleblower retaliation, prejudice and punishment of my report.
When I joined the organisation in 2020, I was deployed to a station that was 280 km away from my family and home town. I requested for a transfer to my home town on the grounds that there was a vacancy and that I will be with my family especially my wife who has a permanent healthy condition that requires constant monitoring. Now they have transferred me to a station which is 450 km away from my family.
My question is, is this not unfair labour practice? Can there be any legal recourse to such practices? I am in Zimbabwe.
From Mauritius
Dear Elliot,
We have no idea about the Labor Laws in Zimbabwe.
Apparently, your narrative seems to suggest that the reason for your transfer could be based on ignorance of the organization's particular rule and a cover up to justify the stand of your superiors. But this is the one side version that has to be cross-checked with the other which is not known to us.
Above all, it is the universal fact and principle as well that transfer is an incidence of service and the employer has the indisputable prerogative to decide where, when and how long an employee has to work in the interest of the organization. Therefore, the inconvenience to the employee recedes to the back ground unless it is proved to be an act of victimization.
Moreover, you are a FTC employee having the right to foreclose the contract of your employment.
From India, Salem
6016We have no idea about the Labor Laws in Zimbabwe.
Apparently, your narrative seems to suggest that the reason for your transfer could be based on ignorance of the organization's particular rule and a cover up to justify the stand of your superiors. But this is the one side version that has to be cross-checked with the other which is not known to us.
Above all, it is the universal fact and principle as well that transfer is an incidence of service and the employer has the indisputable prerogative to decide where, when and how long an employee has to work in the interest of the organization. Therefore, the inconvenience to the employee recedes to the back ground unless it is proved to be an act of victimization.
Moreover, you are a FTC employee having the right to foreclose the contract of your employment.
From India, Salem
Transfer is an incident of service and if it is there in your contract of service and you have accepted the same, you are bound by it. The allegation of bias or prejudice may look obvious from the facts and circumstances, but it is not so easy to sustain in a court of law. (this is from Indian experience). So you may review the position and if you feel there are sufficient grounds, you may consult a local lawyer of some standing on the further course of action.
From India, Mumbai
From India, Mumbai
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HR-Policy-036 - Employee Transfer Policy - 11-10-2013.pdf
Employee Appraisal Form new.doc