Browsing by Author "Mgetta, John Samwel"

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    The legal framework governing redundancy termination in Tanzania: a critical analysis
    (University of Dar es Salaam, 1995) Mgetta, John Samwel
    Nowadays, redundancy termination takes place as an order of the day, as a result, the question of redundancy is widely seen as a major social issue not only in Tanzania but also worldwide. It therefore, requires the attention of policy makers at the Government level as well as that of Industries and places of businesses or services. The thrust of this Research Work is, therefore aimed at one specific problem as regards employment protection namely that the statutory law regulating redundancy termination in Tanzania is almost nonexistent despite the growing need for the same. Notwithstanding the legislative lacuna in our corpus of labour law, the interplay between practice and case law has established some kind of law of redundancy termination. The Courts of Law and the Industrial Court have shown a remarkable zeal and activism to fill the lacuna left open by the legislature. The result of these zeal and activism has been the commendable growth - albeit in its procedural aspects of the law relating to redundancies. This calls for a closer look. The proper analysis of the problem and recommendations thereto, has necessitated this Research Work to expound the underlying reasons for redundancy termination, taking into account of collective bargaining environment and labour policy consideration in Tanzania. The Research Work also analyses the practical issues on redundancy termination procedures and on jurisdiction on matters arising from redundancy termination and the available remedies immediately after redundancy termination has taken place, and when if any, redundancy termination is declared unlawful by a competent court, to wit the Industrial Court of Tanzania. Some tentative recommendations for future employment protection in Tanzania do focus on the need for enactment of separate legislation governing redundancy termination like other jurisdiction such as England. It is hoped that the findings might provide some lesson to the legislator and also to the Government in dealing with redundancy exercises.