Factors contributing to the delay in the settlement of labour dispute in Tanzania: a focus on the employees governed by the industrial court of Tanzania Act, 1967 (as amended) and the security of employment Act, 1964
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Date
2002
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University of Dar es Salaam
Abstract
Although it is clearly stated in the legislations establishing various bodies for the settlement of Labour Disputes that, the same are to be settled expeditiously; yet practice has shown that it takes a long time for the labour disputes to be settled. This study investigated the factors contributing to the delay in the settlement of Labour disputes for employees governed by the Industrial court of Tanzania Act, 1967 (As Amended) and the Security of Employment Act, 1964. The study would have focused on all existing labour laws in Tanzania, in case there were no resource limitations in terms of time and financial aspects. The findings indicated that factors contributing to this delay can be grouped into three major categories; first, are those resulting from personal knowledge and attitudes towards the existing labour laws among employees, employers, trade unions' leaders and principal actors in the legal machinery. Secondly, are those factors resulting from the whole legal system responsible for the settlement of Labour disputes; the affiliation of the legal machinery to the executive wing of the State. Thirdly, are factors resulting from obsolescence of the laws governing the functioning of the machinery? Fourthly, are factors resulting from inadequacy, inefficiency, and ineffectiveness of the human resources in the legal machinery? Finally, this study recommends that, in order to have an effective and efficient system of resolving labour disputes; the following should be reflected in the legal machinery: • It should be able to settle claims speedily and fairly. • It should be readily available at the work place. • It should come up with decisions which are consistent with the law and public policy. • It should have a direct involvement of contending parties.
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Keywords
Labor disputes, Tanzania, Labor laws and legislation
Citation
Mboya, W. J. (2002) Factors contributing to the delay in the settlement of labour dispute in Tanzania: a focus on the employees governed by the industrial court of Tanzania Act, 1967 (as amended) and the security of employment Act, 1964, Masters dissertation, University of Dar es Salaam. Available at (http://41.86.178.3/internetserver3.1.2/detail.aspx)