Description
Exclusive jurisdiction of the Commission for Mediation and Arbitration and the Labour Court – exhaustion of local remedies in employment and labour disputes – evaluation and assessment of the employees performance – performance appraisal – probation of a senior employee – confirmation of a probationary employee – procedure for termination of a probationary employee – unfair labour practice – entitlements of a probationary employee – unfair work performance review – general damages for suffering and illness caused by unfair labour practice and unfair work performance review.
- Tanzanian labour laws are heavily borrowed from South Africa.
- Only the CMA and the Labour Court has jurisdiction to determine labour matters, questions or issues arising from such disputes, like of unfair labour practices. This right and exclusive jurisdiction cannot be taken away easily by simple allegations that the employee has not exhausted local remedies or non-confirmation and related matters.
- Requirements for evaluation and assessment of the employees performance.
- Guidelines for handling probationary employees – Rules 10(5), (6), (7), (8), and (9).
- Probationary employee was not informed about employer’s concerns on her performance until after two years and eight months – employee was not given an opportunity to respond to those concerns.
- Employers have a duty to be fair even to senior managers who are under probation and able to judge themselves whether they are meeting the standards set by the employer.
- Confirmation of a probationary employee has to be at least two months towards the end of the probation period.
- A probationary employee is not required to submit his/her tangible achievements for assessment by the employer.
- Termination of a probationary employee without due regard to procedure and guideline amounts to unfair labour practice.
- Meaning of unfair labour practice.
- Entitlements of a probationary employee.
- Employer terminated a probationary employee without inviting the probationer to make representations – the representations may be made on behalf of the probationer by the employer.
- Employee, top official, suffered stress and illness due to an unfair work performance review and unfair labour practice regarding probation – testimonies of two doctors confirmed that – awarded general damages in the sum of TShs. 100,000,000/-.
