An Examination of Effectiveness of Labour Laws on Dispute Settlement Mechanisms for Public Servants in Tanzania

Publication Information

Journal Title: Journal of Legal Studies & Research
Author(s): Mussa Mpogole
Published On: 06/12/2023
Volume: 9
Issue: 6
First Page: 162
Last Page: 177
ISSN: 2455-2437
Publisher: The Law Brigade Publisher

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Mussa Mpogole, An Examination of Effectiveness of Labour Laws on Dispute Settlement Mechanisms for Public Servants in Tanzania, Volume 9 Issue 6, Journal of Legal Studies & Research, 162-177, Published on 06/12/2023, Available at https://jlsr.thelawbrigade.com/article/an-examination-of-effectiveness-of-labour-laws-on-dispute-settlement-mechanisms-for-public-servants-in-tanzania/

Abstract

This study examines the effectiveness of the labour laws governing dispute settlement mechanisms between the government and the public servants in Tanzania, where the case study was Mwanza region. The study is based on the hypothesis that the laws, practices, regulations, and rules governing the labour dispute resolution system for public servants in Tanzania are not effective. The study used a qualitative methodology thus the data was obtained through examination and analysis of the existing laws, rules, and regulations which govern dispute settlement between the government and public servants. In analyzing the laws the study passes through the Public Service Act and its regulations as the significant law and other related laws including the Employment and Labour Relations Act also the Labour Institutions Act, which provides for the rights and interests of the Public Servants in Tanzania and also the mode and procedures which are taken by the disciplinary authority to include the Chief Secretary, Public Services Commission and the President in determining and provide punishment to the public servant. The laws require public servants to exhaust all remedies as provided under the Public Services Act before seeking other remedies including opening matters before the CMA or seeking judicial review before the High Court of Tanzania. However, these laws are silent on how an aggrieved public servant may seek remedies when they have grievances against the government.

Keywords: Public Servants, Labour Disputes, CMA, Public Services Commission.

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