Tuesday 31 March 2015

April Fools Day... How far can you go?


In 2003, a clothing store employee called her boss on April 1 to tell him that someone with a gun was robbing the Ohio store. Before she had time to call him back and say it was a joke, her boss called the police — who sent four patrol cars to the store. Where the clerk was promptly arrested for inducing panic.
April 1st is a day when everyone is allowed to pull silly pranks on colleagues, friends and family who are not alert and get away with it. Some people go to the extent of planning the ultimate prank the whole year around. Australia is known for having some of the most phenomenon prank stunt ever. Some of which are online. And youtube. Fools day pranks can be fun, until someone crosses lines. Pranks are intended to be harmless; not the kind to send one to the emergency room. Another prank gone terribly sore was in the wee hours of April 1, 2000. A noisy exploding thingy known as a "bear banger" — so-called because it scares bears — continued to go off in a mess hall at a military base in Moose Jaw, Saskatchewan. One officer took shrapnel in her leg and another received a cut on his face. A 31-year veteran was accused of the prank. He eventually appeared before a military panel and was reprimanded, fined $5,000 and stripped of his command.

Kenya’s own scenario is in Cause 509 of 2012 Edgar Ndemo Momanyi V. Catering & Tourism Development Levy Trustees where Edgar Ndemo sought damages of Ksh. 29, 793,159 in compensation for loss of employment and wrongful dismissal after he pulled a prank on one of his colleagues that eventually led to his dismissal. By a Memorandum of Claim dated 19th March 2012 and filed in court on 27th March 2012 the Claiman alleged that he was wrongfully dismissed by the Respondent. 1st April 2011 which was April Fools Day the Claimant sent a prank text message to a colleague named Patricia to the effect that some Senior Managers of the Respondent had been picked by Kenya Anti Corruption Commission for questioning. On the same date a letter was written to him asking him to show cause why disciplinary action should not be taken against him for writing a message to members of staff of the Respondent insinuating that the Levy Manager Mr. Eden Odhiambo and the Procurement Manager Mr. Jospeh Ndung’u had been arrested by the Kenya anticorruption Commission as this was injurious to the reputation of the officers and the organization and constituted an offence under section 44(d) of the Employment Act 2007. The court later determined that the claimant had not intended any harm so he should be reinstated back to his post and compensation awarded. Court also found that the two managers had no such reputation that had been tainted and the fact that they were investigated by KACC was not in control of the claimant. The full case can be found here: http://kenyalaw.org/caselaw/cases/export/91716/pdf

This outcome might have favoured the complainant but it is my assumption that their work relationship was immensely affected. Or he was fired (throught right procedures this time) months after the whole court tussle cloud had settled. My point is, even as you try to prank someone tomorrow, be a bit discreet. Don’t go too far or you might end up on the dock. Accused persons side of the dock. The most common one is the ‘bucket on door prank’. where water (cold) is put in a bucket and strategically supported by a door. Once the intended target opens the door the contents is spilled on him/her. One must be sure that only the intended person will come through that door. Ensure the prankee can take a prank; not the type to beat the crap out of you! If you don’t have light buckets then this is not your prank year. Don’t leave your little brother with a concussion on my account. 

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