Sunday, January 20, 2013

Court orders mobile tool check on disability fears

The Citizen Reporter


Dar es Salaam. The High Court wants the labour office to thoroughly vet the headsets used by helpdesk employees of local mobile firms following revelations that they cause permanent health damage.  

The order was triggered by a recent claim in which seven ex-call centre workers sued former employer Vodacom Tanzania after they suffered severe hearing loss on the job and were fired for it.
“If these [inspections] are not done, I’m afraid our children might end up disabled, and these companies can just go out and hire new girls who will likely suffer the same fate,” said Justice Sophia Wambura.

Mobile carriers specifically target young women for recruitment into careers as customer service representatives.
Industry overseers “should immediately inspect all devices used by Vodacom and similar companies,” said the High Court jurist in a ruling on the Vodacom matter earlier this month.

In 2011, Vodacom was ordered to pay the seven former customer care workers Sh80 million as compensation for unlawful termination by the Commission for Mediation and Arbitration (CMA).
In its ruling the CMA found that the former Vodacom employees had indeed been given subpar headsets and that this had left them vulnerable to severe ear strain.

The network operator challenged the CMA verdict, setting off a chain of events that culminated in an early January hearing at the Labour Division of the High Court of Tanzania.

Ultimately, Justice Wambura not only upheld the CMA verdict, but also upped the damages. Each of the fired ex-Vodacom workers now stands to receive around Sh16 million in restitution.

Stunned by the level of health risks that client service workers are subjected to, the High Court jurist says strict measures must be taken against companies that “use gadgets which are below standard.”

In Tanzania, the Occupational Safety and Health Authority (Osha) is the government agency responsible for preventing workplace injuries.  Osha chief executive officer Akwilina Kayumba said she has not heard any complaints over the quality of headsets by customer service operators in the local mobile industry.

She did acknowledge, however, that someone might have “raised the matter with [their] inspectors.” “Our job is to ensure that employers adhere to safety and health standards,” said Dr Kayumba.
Nonetheless, she was adamant that her agency is not bound by Justice Wambura’s orders. “The High Court ruling is not directed at us,” she insisted.

She does appear conflicted on the Vodacom headsets issue though, and even admitted; “The law forces us to step in and prevent cases like these.”
To officials at the ministry of Labour and Employment, however, the mandate of the High Court ruling is as clear as daylight. Osha needs to step up, they say.

Ministry of Labour spokesperson Ridhiwan Wema said Osha has trained professionals whose job is to investigate cases like Vodacom’s and prevent similar injuries in the local mobile industry.
“They even have doctors on call, so the [court-ordered] inspections are actually their job,” said Mr Wema. The office of labour, he says, only ensures compliance with labour laws in the workplace.

The Citizen on Sunday was unable to get local mobile firms to comment on the High Court ruling, although both Vodacom and Tigo said they have forwarded the matter to their legal counsels for review.

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