Unfair Labour Practice Vs. Employees' inclusion in the Employer's Business Development Strategy.

Some employees perceive the inclusion of employees regardless of their job description in the employer’s business development derive as unfair labour practice.

Instances, an employee was employed as an Auditor. After a few months, he was queried for not bringing clients for the employer. The employee argued. He was never informed, orally, or in writing of the need to bring clients for the company.

A lady was employed as Human Resources Manager. She was to ‘‘market’’ the employer's products. She claimed, she was informed she would be involved in the business development activities of the company at the interview stage. It was not stated in her employment letter.

Another employee's salary was deducted for not bringing in clients at month-end. In her case. Her job role has a dual nomenclature, ‘Human Resources/Business Executive’’. The employee and employer agreed to the dual role. She would also earn a commission but not the deduction.

In all these three cases, the facts are not the same. Legal issues to be resolved are different. One single legal resolution to the issues is also not possible. However, these are not the focus of this write-up. 

In all these cases, the employees considered this as an attempt by the employers to turn them to "marketers’’ (using their words) and frowned at it.

This is my honest take on this.

The Third Alteration, Section 254(c)(1)f of the Nigerian Constitution and the National Industrial Court recognize unfair Labour practice and international best practice.

‘‘Notwithstanding the provisions of sections 251, 257, 272 and anything contained in this constitution and in addition to such other jurisdiction as may be conferred upon it by an Act of the National Assembly, the National Industrial Court shall have and exercise jurisdiction to the exclusion of any other court in civil causes and matters –

(f) relating to or connected with unfair labour practice or international best practices in labour employment and industrial relation matters’’

In NICN/ABJ/144/2018 BELLO IBRAHIM VS. ECOBANK PLC the court confirmed the above position in these words below:

This court has now been cloth and empowered with requisite jurisdiction to deal with international best practices and enforcement of international labour law convention, protocol and treaties, once they are ratified by the country and even if they are not domesticated’’

However, there is no closed list of facts or acts in labour and employment relationship that pass for unfair labour practice. So, these cases above would only be treated in line with facts presented to the law court, if they ever become a subject of litigation.

How many employees understand the scope of a business development strategy? Even some business owners and managers do not. Business development does not mean the same thing for businesses in Nigeria. To the employers or managers of these employees concerned above, it probably simply means, ‘‘bring in more clients or customers and improve revenue’’.

No strategy. No plans. Just bring the clients. Make some money for the company.

The challenge with this approach is that the company wants to use "old ways" to make "new monies." The employer can ask an employee to do whatever he likes approach. That is where the friction comes in.

However, to some companies, they embrace Scott Pollack's expression of business development in his article in Forbes as the creation of long-term value for an organization from customers, markets, and relationships.

There is a strategy. There is a plan. I will also add. Both the employees and employers are deliberate. It is mutual and conscientious.

Employees' inclusion in business development should not be forced. Old ways, plus new ways, to make new monies.

Employees inclusion in the business development plan is the involvement of employees of all strata in an organization in its business development strategy.

I strongly believe, without an employer demanding for it, or an employer and employee signing a mutual agreement to that effect, an employee should work towards client retention and bringing in new clients for the employer.

Why? Where the employer retains old clients. Stable revenue is assured. When new clients come. There is another earning. The business continues or it continues to boom. Liquidity is certain. Employees’ salaries and compensation are certain too. Whether there is increment or commission or promotion or not.

The employee is certain of remaining in employment as long as the company keeps making money.

So, the employee ought to have this fundamental at the back of his mind. Thus, an employer does not need to force it.

I once expressed this at a management strategic section and met a "what is he saying" body language from other employees. They were repulsive to that line of thinking. What were their reasons? I will share them in an article later.

My line of thinking is applaudable to employers and managers. It sounds great.

However, most often than not, employers are desirous of business development without a strategy and a plan for the organization and the employees.

It can be a plan for an individual, practice, or the firm as a whole. Its scope covers both the marketing and sales functions, as they are so intertwined in most professional services firms.

Business development strategy and plan must deliberatively be all-inclusive of all employees. This must be from the onboarding of the employees. The company must have a set target for itself for all employees to key into. Whether it should be a subject of a contract of employment or not is another issue.

However, it is not out of place, regardless of an employee’s position in a company to strife for deliberate business development. The employer does not have to demand it. The spirit should be a strong entitlement drive. If the employer keeps making money, an employee keeps being assured of my take home.

An employee’s involvement in a company should not be limited to doing his primary job well. Particularly when staff cost is always a major concern for companies after each financial year. An extra effort in business drive would help reduce such concern.

I don't consider it an unfair labour practice for employees to be included in a company’s business development drives as done in the cases shared above. It is the approach, strategy, and plan that should be reconsidered by the employers concerned.