EXAMINING APPLICATION OF PSYCHOLOGICAL CONTRACT IN ADMINSTERING JUSTICE IN LABOUR COURTS IN KENYA

Authors

  • Olayo Julius Ochieng PhD, CHRP-K A Certified Human Resource Practitioner and Lawyer
  • Lewis Waithaka Kamau Governance Expert

DOI:

https://doi.org/10.47604/ijlp.1504

Keywords:

Psychological contract, Employment, Laws, Relationship

Abstract

Purpose: The main objective of this study was to establish whether psychological contract can be applied by the courts in case of unfair termination of employment.

Methodology: The study used exploratory research design to establish whether psychological contract can be applied by the courts in case of unfair termination of employment. The study analyzed psychological contract theory from a legal perspective and how human resource practitioners, advocates and judges can incorporate it in court cases. The study used exploratory research since it intends merely to explore the research questions and does not intend to offer final and conclusive solutions to existing problems. This is because the concept has not been clearly defined yet. However, the study helps us to have a better understanding of the problem. The study relied on decided court cases, journal articles and publications and books. 

Results: The study found that psychological contract breaches occur when an employee perceives that an organization has failed to meet its obligation to the employee. When the breach occurs it affects the employee contribution in three forms; performance, civic virtue and intention to remain in the organization. The legal employment contract does not embrace the principles of contract law such as consideration.  

Unique contribution to theory, practice and policy: The legal employment contract does not embrace the principles of contract law such as consideration. The employee does not dictate the terms of the contract. Therefore, there is need to consider psychological contract theory as an input to understanding contemporary labour practices. This is because psychological contract brings in a unique way of interpreting an employment contract, understanding employment relationship and the need for policy reforms.

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References

Anderson G, Brodie D and Riley J, The Common Law Employment Relationship: A Comparative Study (Edward Elgar Publishing Limited 2017)

Argyris C, Understanding Organisational Behaviour. (Homewood, Illinois: Dorsey Press 1960)

Armstrong M, Handbook of Personnel Management Practice. (Kogan Page, London 2010)

Conway N and Briner RB, Understanding Psychological Contracts at Work: A Critical Evaluation of Theory and Research. (Oxford University Press 2005)

D B, "˜The Heart of the Matter: Mutual Trust and Confidence.' (1996) 25 Industrial Lsaw Journal 121

Dimatteo L, Bird RC and Colquitt JA, "˜Justice , Employment , and the Psychological Contract'

G TA, Karin OA and Susan TM, "˜Deleterious Consequences of Change in Newcomers' Employer-Based Psychological Contract Obligations.' 361

Guest DE, HRM and the Worker: Towards a New Psychological Contract.? (Peter Boxall, John Purcell and Patrick M Wright eds, Oxford University Press 2007)

"”"”, "˜Is the Psychological Contract Worth Taking Seriously ? Linked References Are Available on JSTOR for This Article : Is the Psychological Contract Worth Taking Seriously ?' (2019) 19 649

Guest DE and N C, Fairness at Work and the Psychological Contract. (IPD, London)

Hallier J and James P, "˜Management Enforced Job Change and Employees Perceptions of the Psychological Contract.' (1997) 19 Employee Relations 222

Herriot P, Manning WEG and Kidd M, "˜The Content of the Psychological Contract' (2007) 8 British Academy of Management 151

Jaffey P, "˜A New Version of the Reliance Theory. A Version of This Paper Was Presented at the SPTL Conference in September 1997.'

McDermott AM and others, "˜Promoting Effective Psychological Contracts Through Leadership: The Missing Link Between HR Strategy and Performance. Human Resource Management.' (2013) 52 289

Morrison EW and Robinson SL, "˜When Employees Feel Betrayed: A Model of How Psychological Contract Violation Develops.' (1997) 22 The Academy of Management Review. 226

Njenga FN, "˜Psychological Contracting Process Model : Towards A Unifying Theory Of Psychological Contract' (2017) 5 5849

Ochieng OJ and Waithaka LK, "˜Evolution of Labour Law in Kenya: Historical and Emerging Issues' (2019) 4 International Journal of Law and Policy 1

Patrick HA, "˜Psychological Contract and Employment Relationship' 7

Raz J, "˜Promises in Morality and Law' (1982) 95 Harvard Law Review 916 <http://www.jstor.org/stable/1340782>

Rousseau D and others, Psychological Contracts in Employment: Cross-National Perspectives(SAGE Publications 2000)

Rousseau DM, "˜Psychological and Implied Contracts in Organizations' (1989) 2

"”"”, Psychological Contracts in Organizations : Understanding Written and Unwritten Agreements. (Sage Publication 1995)

"”"”, "˜Psychological Contract Inventory, Revised Version: Technical Report, Pittsburgh, PA: Carnegie Mellon University, Heinz School of Industrial Administration.'

Rousseau DM, Dabos GE and Rousseau DM, "˜Mutuality and Reciprocity in the Psychological Contracts of Employees and Employers of Employees and Employers'

Samek R, "˜Performative Utterances and the Concept of Contract.' (2015) 43 Australasian Journal of Philosophy. 196

Turnley WH and Feldman DC, "˜Re-Examining the Effects of Psychological Contract Violations : Unmet Expectations and Job Dissatisfaction as Mediators' (2000) 42 Journal of Organizational Behaviour 25

Tyagi A and others, "˜Emerging Employment Relationships : Issues & Concerns in Psychological Contract Published by : Shri Ram Centre for Industrial Relations and Human Resources Linked References Are Available on JSTOR for This Article : Emerging Employment Relationships : Iss' (2019) 45 381

Utrecht H, "˜The Relationship Between Fulfilment of the Psychological Contract and Resistance to Change During Organizational Transformations.'

Ex parte HV McKay (Harvester Case), (1907) 2 CAR 1

Herbert Clayton and Jack Waller Ltd v Oliver: HL 1930

Isabel Wayua Musau v Copy Cat Limited [2013] eKLR

Malik v Bank of Credit and Commerce International (BCCI); Mahmud v Bank of Credit and Commerce International: HL 12 Jun 1997

Mary Wakwabubi Wafula v British Airways PLC [2006] eKLR

Pepper & Hope Ltd v Daish (1980) IRLR 13

Post Office v Roberts [1980] ICR 347 EAT

Robinson v Crampton Parkinson [1978] ICR 401 EAT

Taylor v Secretary of State for Scotland (2000) IRLR 502

TSB Bank v Harris [2000] IRL 157

United Bank v Akhtar (1989) IRLR 507, EAT

Woods v W/M Car Services [1981] ICR 666 EAT

Constitution of Kenya 2010. National Council for Law Reporting. (Nairobi, Kenya)

Employment Act No. 11 of 2007.

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Published

2022-04-06

How to Cite

Ochieng, O., & Kamau, L. (2022). EXAMINING APPLICATION OF PSYCHOLOGICAL CONTRACT IN ADMINSTERING JUSTICE IN LABOUR COURTS IN KENYA. International Journal of Law and Policy, 7(1), 1 – 16. https://doi.org/10.47604/ijlp.1504

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Articles