Procedures for the settlement of labour disputes in Tanzania: a socio-legal analysis.

This study involves the discussion of procedures for settlement of labour disputes in Tanzania. Essentially, settlement of labour disputes is done mainly through the use of tribunals, that is bodies other than the ordinary courts of law (i.e. Labour Tribunals). These bodies include the Industrial Court, Conciliation Boards, the Minister for Labour and Joint Staff Councils. The Industrial Court of Tanzania is the principal machinery for disputes involving employees covered by the Industrial Court of Tanzania Act, 1967 (as amended). Secondly there are the Conciliation Boards for employees covered by the Security of Employment Act, 1964. These Boards are for employees who are not in the managerial grades including employees of the civil sector. Excluded from the jurisdiction of the Boards are teachers, members of the Police Force, Defence Forces, Prison Service and Casual employees. A reference by the employer or employee aggrieved by the decision of the Conciliation Board lies to the Minister for Labour. Thirdly, are joint Staff Councils for junior Civil Servants and Local Government employees established under the Civil Service (Negotiating Machinery) Act, 1962 and the Local Government (Negotiating Machinery) Act, 1982 respectively. Lastly, there is the Employment Ordinance which under Part XI allows employees or employers either themselves or through the Labour Officer to institute cases in the ordinary courts of law in certain instances. This study seeks to discuss the efficiency of these labour tribunals in determining labour disputes. It considers the quality of their decisions and expeditiousness in the determination of disputes. In the end; the study establishes that the tribunals are infact not efficient enough both in terms of quality of their decisions (especially the Conciliation Boards and the Minister for Labour) because their decisions are normally not reasoned and are in most cases open to challenge before the Courts by way of certiorari on many grounds including that the decision maker did not give reasons for the decision. On the question of expeditious determination of Labour disputes, this study establishes that many labour disputes take long to be finalized as opposed to the duration envisaged by the law establishing such tribunals.