DISCIPLINARY HEARING IN TANZANIA

INTRODUCTION

Employers in Tanzania may face legal action as a result of failure to follow Tanzania labor
related to disciplinary hearing and its procedure. The disciplinary hearing procedures in Tanzania
are governed by the Employment and Labor Relations Act CAP366 of 2004 the
Employment and Labor Relations (Code of Good Practice) G.N 42 of 2007, and the
schedule to the Code of Good Practice G.N. No. 42 of 2007, Guidelines for Disciplinary,
Incapacity and Incompatibility

The main purpose of a disciplinary hearing is to correct the employee's behavior and ensure that
they conduct themselves professionally at work. However, it can also be a question of the
employee not having the capability to perform the job as well.

The employee must be aware that before conducting a disciplinary hearing against an employee
there are several steps to be conducted against an employee, this means that an employer cannot
initiate a disciplinary hearing against the employee on the spot.

STAGES ON CONDUCT DISCIPLINARY HEARING IN TANZANIA

First step: Counselling and verbal warning

When an employee engages in minor misconduct or performs poorly, the first action that an
employer should take is to issue a verbal warning and counselling so that the employee
understands that certain actions are undesirable and that he may correct the behavior.

Second step: Written warning

When an employee's behavior or conduct does not improve after being counselled or given a
verba l warning, the next step to be taken by the employer is to
issue a written warning. The employee may receive a written warning in stages, such as a first
warning letter, a second warning letter, and a third warning letter.

Third stage: Disciplinary hearing

The question is at what stage should an employer conduct disciplinary hearing? A disciplinary
hearing must be conducted on the below circumstance;
 i. Further misconduct following a written warning or warning

ii. Repeated written warning for different offences or;

iii. Allegations of serious misconduct which could on their own justify a final warning or
dismissal and may lead to termination of employment

In order for the disciplinary hearing procedure to be regarded fair under the law, the following
process must be adhered to;

i. Conducting an investigation
At this stage the employer is advised to conduct a thorough investigation before inviting
the employee for a disciplinary hearing. The purpose of conducting an investigation is to
ascertain if there are grounds to conduct a disciplinary hearing.

In conducting an investigation, the employer should be careful in the process. For

example, it is not advisable to postpone a hearing to perform a further investigation. In
the case Huruma H. Kimambo V Security Group (T) Limited Revision 412 of 2016
[2018] TZH CLD 30. An employer decided to postpone a hearing to conduct an
investigation to ascertain if there are grounds of disciplinary hearing. The court held that
this action by the employer brings a picture that the employer didn't conduct an
investigation to ascertain the grounds for disciplinary hearing.

ii. Notifying the employee of the allegations

The employer is required to notify the employee in writing of the disciplinary hearing
that will be conducted against him. The notification should state the allegations, time and
date of the proposed hearing. The employee shall give the employee a reasonable time to
prepare for the hearing, which shall be not less than 48 hours. Rule 13(2) of the
Employment and Labor Relations (Code of Good Practice) G.N 42 of 2007,
The letter should also inform the employee of the right to have a representative at the
hearing and that person can either be a fellow employee or a trade union representative.
The employer is required to furnish the employee with a copy of the investigation report
 so that he prepares for his defence at the hearing. This requirement was held in the
case of Higher Education Student's Loans Board Vs Yusufu M. Kisare Consolidated
Revision No. 755 of 2018.

iii. Conduct a disciplinary hearing

The law requires for senior management representative to be the chairperson. The
chairperson should be impartial and not involved in the events that led to the case.
However, if the employee is a senior manager, then in such appropriate circumstances a
senior manager from a different office may serve as a chairperson.

iv. Presentation of evidence and calling witness

According to Tanzania labour law, the evidence that was collected shall be presented at
the hearing and the witness who can testify on the allegations should be brought up, both
the employer and the employee have the right to call witnesses and present the evidence
on the alleged misconduct. The chairperson shall rely on the evidence and witnesses
present at the hearing in order to make a decision.

v. Mitigation

According to Tanzania labour law, if the outcome of the hearing finds the employee
guilty of the allegations, the employee is given a chance to put forward mitigation factors
before the decision is made on the disciplinary action to be taken.

vi. Decision of the hearing

According to Tanzania labour law, the chairperson is required to inform the employee of
the outcome of the hearing as soon as possible but it should not be later than 5days, the
outcome of the hearing should state the reasons of the decision and it should be in a
 prescribed form. The chairperson should sign the disciplinary hearing from and give a
from to the employee.

vii. Appeals

An employee may appeal against the outcome of a hearing by completing an appropriate

part of the copy of disciplinary hearing an shall give the chairperson within 5 working
days of being disciplined. The appeal hearing shall not be chaired by the same
chairperson but by a senior level of management. The appeal should not constitute a
hearing but is should focus on the grounds of appeal.

CONCLUSION.

The primary goal of a disciplinary hearing is to improve an employee's behavior so that he or she
acts in an acceptable manner at work. Prior to terminating an employee, Tanzania labour laws
provide that several chances should be given to the employee to rise up to the occasion and do
better. The procedure is there so as to also ensure fairness and transparency as well as giving the
employee the right to be heard before any decision that might even be termination is made by the
Employer. In the event that the employee is not satisfied with the outcome of the disciplinary
hearing even after the appeal was conducted, the employee may use the dispute mechanism
method provided under the Tanzania labour laws.