A Human Resource and Labour Expert, Dr Jeffery Bassey, has advised employees to engage in talks with their employers before seeking to file a lawsuit.
He said that COVID-19 had caused significant changes in human resource operations or the way organisations are being run, such that while some were not ready for the eventuality, others may have already done a lot of their human resource operations through digitisation and other online platforms.
He cited many organsiations that have experienced the significant changes of COVID-19 and which has made employers now focused more than before COVID.
“Legality should be the last resort. You go through negotiation. All of them must hinge on effective negation and engagement," he said during the Graphic Business series “GraphicTalks360”virtual forum that discussed how to ‘Rescue employment contracts in times of disruptions.”
He noted that COVID has now limited performance management to weekly deliverables unlike quarterly and annually assessment previously
He said people are working remotely from home and there is the need to devise other means such as weekly deliverables of assessment to avoid laxity.
An Associate at Bentsi-Enchill, Letsa & Ankomah, Mrs Dzifa Vanderpuye, said variation of employment contract depends on the terms of the contract to determine what terms are in there.
She explained that if the employment contract permits variation then the employer can vary it but then if it does not, then everything that the employer has to do in terms of variation, the employee should be consulted.
“The issue is that under Ghanaian law if you go ahead and vary without employee’s consent then you will be in breach of the contract and an employee can sue you on that basis.
“However, an employer can make changes in an employee’s contract such as making time changes in terms of correction of a mistake in the contract. Or else, any change that will fundamentally affect the contractual agreement of the employee’s entitlement will require the employee’s consent,” she said.