An evaluation of factors influencing speed in resolving labour disputes through arbitration method in Tanzania a case of the Commission for Mediation and Arbitration (CMA)

In the year 2004, Tanzania made significant transformations on its labour laws in order to ensure harmonious industrial relations and quick economic growth. The introduction of Employment and Labour Relations Act 2004 and Labour Institutions Act 2007 gave birth to the Commission of Mediation and Arbitration (CMA).An effective labour dispute resolution system must be accessible, reliable and fast in dispensing justice. This study specifically evaluates factors influencing speed in arbitration of labour disputes through arbitration method. For the purpose of this study, primary information was collected through questionnaires and interviews while secondary data was collected through perusal of documents like journals, reports and statutes. The study employed both qualitative and quantitative data collection and analysis methods. The main findings of this research indicate that CMA being a newly established institution lacks some necessary features for speedy and fair arbitration of labour disputes. Literature suggests that for speedy arbitration of labour disputes, the institution responsible should have; enough and competent arbitrators, should make effective use of Information and Communication Technology ICT. The institution must be autonomous meaning that it should be independent of the government, political parties and any other possible organizations in reaching its decisions. We should also appreciate how knowledge of parties in disputes on arbitration laws and procedures influence speed in arbitration of labour cases. Specifically the Commission does not have enough and competent arbitrators. Most arbitrators studied law at undergraduate level but without pursuing studies in Alternative Dispute Resolution (ADR).The Commission has not invested enough in Information and Communication Technology (ICT) hence remaining the user of traditional system of collecting, recording and communicating information through paper files. On the other side CMA does not enjoy the autonomy considered necessary for quick arbitration of cases. There are so many appeals and reviews to the High Court Labour division largely on complex legal technicalities which force the CMA to engage much more on legal technicalities rather than substance in the dispute at hand. The study revealed that both employers and employees to various levels do not understand arbitration laws and procedures as required by the CMA. Arbitrators turn to be teachers and trainers hence much more time spent per arbitration session. This study recommends the following in order to enhance speed in arbitrating labour disputes; the government should set enough budgets for CMA to recruit enough arbitrators and conduct on job trainings whenever necessary. The Commission should build its own offices and arbitration chambers instead of renting such facilities this will make it easier for installation of ICT features.CMA should ensure that more employers and employees get access to workers education to raise their awareness about ADR in the settlement of industrial disputes.