Published by Lucy Kiangi
Disciplinary procedures apply to all employees and is a guide for appropriate disciplinary action. In such a way, it does not detract from the management’s right to depart from it depending on the circumstances of each case, it aims to achieve flexibility, consistency and to ensure fairness in the application of disciplinary actions for both an employee and an employer.
These procedures are governed by The Employment and Labour Relations Act, 2004, Employment and Labour Relations (Code of Good Practice) Rules 2007 G.N No.42 and Employment and Labour Relation (Forms) Rules, 2007 G.N No. 65 together with any other laws governing the Employment Relations in Tanzania.
An employee may be terminated from work for various reasons and the law has provided for a list of offences that an employee may be terminated from, but the Law is not exhaustive and so an employer may discipline any employee for good cause even though the specific offence has not been stated in the law.
It should be well understood that, even when there are valid reasons for terminating an employee, an employer must always follow the rules and regulations set for a fair procedure. If the procedures are properly done, then the Employer will avoid losing the case in court i.e Commission for Mediation and Arbitration.
The penalties available in relation to the commission of the offence differs depending on the offense itself. The existence of any previous warnings i.e written warnings and other material factors should be considered in deciding on the appropriate disciplinary action.Read full article