Employee facing criminal charges
I am a diligent employee at a service company located in Lindi. I was so close to management that my colleagues grew envious and turned into rivals. Last month, a customer complained to management about employees soliciting bribes. Following a covert vote among the staff to identify the suspects, my name was mentioned. I have never solicited a bribe in my life, and I believe my name was mentioned out of spite. The customer has since filed a report with the police, which is currently under investigation. I am concerned that I may face criminal charges, and the company might also terminate my employment. I am innocent. Is there any way to avoid these consequences? Please assist me.
NM, Lindi
Work relationships can be complex, but it is vital to maintain good relationships with fellow employees for the overall performance of the company. The Employment and Labour Relations Act [Cap. 366 R.E 2019] restricts disciplinary actions against employees facing criminal charges. Section 37(5) of the Act states that no disciplinary action in the form of penalties, termination, or dismissal shall be taken against an employee who has been charged with a criminal offence that is substantially the same until a final determination by the Court and any subsequent appeal. This protection in the law is based on the presumption of innocence outlined in the Constitution of the United Republic of Tanzania, 1977. Article 13(6)(b) of the Constitution explicitly states that no person charged with a criminal offence shall be treated as guilty until proven guilty. Therefore, you are protected against termination based on criminal charges brought against you. As for your innocence, we cannot comment on it, leaving that to the Courts to decide. Your lawyer can provide further guidance.