Discussion modes or forms and procedure.docx - With...

With reference with Labour Relation Act and Labour Institution
Act, Discuss modes or forms and procedure of Labour dispute
resolution.
ENGENRED BY KARIM MUSSA
MOROGORO, TANZANIA
2020

INTRODUCTION
Among the key objectives of enactment of the Employment and Labour Relations Act and
Labour Institution Act, both of 2004, is to provide a framework for the resolution of dispute by
Mediation, Arbitration and adjudication; and also provide the legal frame work for effective and
fair employment relations and minimum standards regarding conditions of work. 1 This explains
the current Labour laws came into address and resolve among other things the Labour disputes
handling procedure.
Labour Dispute
The Employment and Labour relation Act, defines the dispute to include; a dispute of intrest if
the parties are engaged in the essential services, and Complaint over. Thus fairness or unfairness
of termination of employees employment, any other contravention of the Act or Any other
Labour law or breach of contract in which the amount claimed is below the pecuniary
jurisdiction of the High Court and any dispute referred to arbitration by Labour court. 2
Legistrative provisions may require or make provision for the reporting of Labour disputes to the
competent authority. The reporting of a dispute is usual method for the Commencement of
Labour dispute settlement procedures.
The Modes and Procedure of Labour Dispute Resolution
1 Section 3(b) and (e) of the Employment and Labour Relations Act no. 4 of 2004
2 Tamico Buzwagi Mine Vs Pangaea Minerals Limited Buzwagi Mine Misc. Application No.3 of 2011 (unreported)

Disputes under the Employment and Labour Relations Act, 2004 are resolved by using the
following methods of dispute resolution:
DISPUTE RESOLUTION BY MEDIATION
May be described as the practice by which the services of a neutral party are used in dispute as
means of helping the disputing parties to reduce their differences and to arrive at an amicable
settlement.
The Procedure for Dispute Resolution by Mediation
Any of the disputant party is required to refer the dispute to the commission for mediation and
Arbitration by using the Form Number One (CMA F1). This form may be used by employees,
employers, trade unions, and Employers association.