THE UNITED REPUBLIC OF TANZANIA PROCEDURES FOR FILING DISPUTES BEFORE THE LABOUR COURT© Notice of Application Notice of application is a mandatory requirement in filing any application before the Labour Court as provided under Rule 24(1), 24(2)(a)(b)(c)(d)(e)8(£),24(3)(a)(b)(c)&(d), of the Labour Court Rules, Government Notice. No. 106 of 2007 (herein referred as GN. No. 106 of 2007) Failure to initiate an application with Notice of Application as required by Rule 24 is fatal and such irregularity makes the application incompetent before the Court. Notice of Application has to be signed by a party bringing the application as per Rule 24(2) of GN. No.106 of 2007 and not by a Party’s Repre- sentative By practice, Notice of Application must be accompanied by chamber summons supported by an affidavit of the applicant as per Rule 24(3)(a)(b)(c) and (d) of GN. No. 106 of 2007 Chamber summons The same provisions used in the Notice of Application are used in the Cham- ber Summons. Chamber summons contains grounds/relief sought by the party to the case. Affidavit in support of the Application Contents of the affidavit are as provided under Rule 24(3)(a)(b)(c) &(d) of GN. No. 106 of 2007. Verification Clause of the affidavit must comply with Order VI Rule 15 of the Civil Procedure Code [Cap 33 R.E 2019] (herein referred as Cap 33 R.E 2019).In affidavit Jurat of Attestation must be in conformity with Section 8 of the Notaries Public and Commissioners for Oaths Act Cap 12 R.E 2002. Affidavit must be endorsed as per section 44(1) of the Advocates Act [Cap 341 R.E. 2002] Representation in Court Proceedings ' In any proceeding in Labour Court a party may appear in person or be represented by; (a)an official of a registered trade union or employers’ organization or (b)a personal representative of the party’s own choice. (c)an advocate, as per Section 56(a)(b)(c) of the Labour Institutions Act, 2004, [Cap 300 RE 2019] (herein referred as Cap 300 RE 2019). A party must file a Notice of representation as per Rule 43(1)(a)(b) of GN. No. 106 of 2007. The notice must be signed by the party appointing the representative and not party‘s representative Any party who terminates representation must notify the Court as per Rule 43(2) and (4) of GN. No. 106 of 2007.APPLICATIONS FILED AT LABOUR COURT (a) Revision The mandatory provision are Section 91(1)(a), 91 (2) (a) &)(), 94(1)(b) () of the Employment and LabourRelations Act, [Cap 366 R.E 2019] read together with Rule 24 (1), 28 (1) (a)(b)(c) (4) (e) and Rule 55 (1) (2) of GN. No. 106 of 2007 depending on grounds for revision. Eg. (a) Misconduct on the part of the Arbitrator. (b) Award was improperly procured (©) The award is unlawful, illogical or irrational (d) Revision against the decision of the Registrar (b)Review. The Mandatory provisions are Section 94 (1) (b) of Cap 366 R.E 2019 read together with Rule 24(1), 24 (2)(a)(b)(c)(d)(e)(f) and 24 (3) (a)(b)(c)(d), 26 (1) (2), 27(1)(2)(c) of the 2007 GN. No. 106 of 2007 (c)Appeals Appeal is Instituted by a notice of appeal as per Rule 29 and 30(1) and (2) of GN. No. 106 of 2007. The appeal must be accompanied by the Memorandum of Appeal and certified copy of the decision or order appealed against as per Rule 31(2) of GN. No. 106 of 2007.* The mandatory provisions to be cited are Sections 57 and 94(1)(a) of Cap 366 R.E 2019 or Section 48 of Cap,300 RE 2019 depending on the nature of the appeal. (d) Extension of time The mandatory provisions are as per Rule 24(1), Rule 56(1)(2)(3) and Rule 55(1)or (2) of the Labour Court Rules, GN. No. 106 of 2007. (e) Re-enrolment and readmission The Mandatory provisions are Rule 24(1), rule 32(7) or rule 35(1) or rule 36(1) and rule 55(1) (2) of the GN No. 106 of 2007 depending on the nature of the Application. (£) Representative suit It is an application filed where there are numerous persons with common interest to the matter. The Mandatory provisions are Rule 24(1) and 44 (1), (2) of GN. No. 106 of 2007. (g) Application for Execution All CMA awards and the compliance order of the Labour Commission- er are executed at the LabourCourt. Application for Execution is filed under Rule 48(3) of GN. NO. 106 of 2007 & Order XXI Rule 9 and 10 (2) of Cap 33 R.E 2019. The applicant must fill the prescribed Form i.e CC.10.(h) Stay of Execution Application for stay of execution is to be filed under Section 91(3) of Cap 366 RE 2019 and Rule 24(1), 24(11)(b) of GN. No. 106 of 2007. (i) ObjectionProceedings Objection Proceedings are filed under Rule 24(1), 24(11) (b), 55(1) and (2) of GN. No. 106 of 2007 together with Order XXI rule 57 (1) and (2) of the Cap 33 R.E 2019 (j) Injunction and Declaratory order The Labour Court have powers to issue an injunction and declaratory orders as per Sections 84 (1)(a) or 85(5) (a) or (b). and 94(1) (f) (or (ii) of Cap,366 RE 2019, Rule 24(1), 24(2) (a)(b)(c)(d)(e)&(f) and Rule 55(1) of GN. No. 106 of 2007 depending on the nature of Application. (k) Extension of Decrees The Labour Court may extend a decree passed by the Court or the Commission in respect of a dispute between any other parties to include an interested party other than the decree or award holder who is in the situation similar to the decree or award holder. Mandatory provisions are rule 24(1), rule 45(1)(2) and rule 55(1) of GN. No. 106 of 2007© (1) Setting aside, Varying or Rescinding an Orders or Default Judgments Mandatory provisions are Rule 24(1), Rule 38(1)(a) or (b) or (c) & (2) and Rule 55(1) (2) of GN. No. 106 of 2007 depending on the nature of the Application. Other Applications not directly provided for under the Labour Laws These applications are filed depending on the matter in dispute. Example Application to lift out Garnishee Order or warrant of attachment. The relevant provisions are Rule 24(1),(11) and 55(1), (2) of GN. No. 106 of 2007. Disputes Types of disputes filed in Labour Court (a) Complaint (b) Dispute of interestComplaint ( Refers to disputes arising from the application, interpretation or implemen- tation of; (i) An agreement or contract with an employee; (ii) A collective agreement. A party initiating a complaint shall file a statement of complaint. The manda- tory provisions are Section 94(1)(d) or (ec) & 94(3) (a) or (b) of Cap,366 RE 2019 (depending on the nature of a dispute), rule 6(1)(a),(b),(c), (d) & (e) and rule 23(1) (2)&(3) of GN. No. 106 of 2007. Dispute of interest Means any dispute except a complaint. Powers of Registar on Admission of Pleadings Powers of the Registrar are provided under Rule 7(6) of GN. No. 106 of 2007. Where a party has refused to correct any document, The Registrar shall forward document to the Judge in charge for directions.© Pagination and Index Rule 46 of GN. No. 106 of 2007 requires all documents filled to the Registrar to be paginated according to the index. E-filling E- filing refers to electronic filing of cases. This is done through Judicial Statistical Dashboard System (JSDS 2) Who can file case electronically? (i) Advocate (ii)State Attorney /Solicitor (iii) Individual Litigant (in future use) (iv)Personal representative( in future use) In order to access the system, the person must create an account by register- ing through www.jscls. juciciary.go.tz or through jsds link in judiciary website (www .judiciary.go.tz.)| Rid piada’. 3 P.O.Box 1619 Dar es Salaam