Towards Fair Hearing the Right of Probationary Employees against Unfair Dismissal in Tanzania

Publication Information

Journal Title: Journal of Legal Studies & Research
Author(s): Salehe Nassoro
Published On: 18/11/2022
Volume: 8
Issue: 6
First Page: 115
Last Page: 137
ISSN: 2455-2437
Publisher: The Law Brigade Publisher

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Cite this Article

Salehe Nassoro, Towards Fair Hearing the Right of Probationary Employees against Unfair Dismissal in Tanzania, Volume 8 Issue 6, Journal of Legal Studies & Research, 115-137, Published on 18/11/2022, Available at https://jlsr.thelawbrigade.com/article/towards-fair-hearing-the-right-of-probationary-employees-against-unfair-dismissal-in-tanzania/

Abstract

Employment security is the one of the most important factors which help to create an efficient and satisfactory working environment. Probationary employment is one of the challenging employment types which indicates uncertain nature of the job status in the labour relations. Although the main objective of the probationary period is to assess the employee’s suitability for the continuations of employment some employees misuse probation employment by terminating probationer’s in mala fide. The underline question is whether the employer has a sole discretion to terminate a probationary employee without assessing him adequately and without giving proper reason or without affording him the right to be heard.

In the Tanzania context, there is no proper legislative guidance to regulate probationary employment and therefore, a series of cases provided a different interpretation with regards to the employer’s discretion on deciding whether the employee’s conduct is satisfactory or not. In contrast, the South African legal framework envisages a clear statutory measure to safeguard employment security of a probationary employees against the mala fide acts of employers. The South African Labour Relations Act,[i]contain specific provisions in regulating the duration of probationary period and dismissal of probationary employees.

Therefore, this article analyses the right to be heard towards fair hearing of probationary employees in Tanzania and suggest possible recommendation for Tanzania law with regard to the protection of probationary employees’ rights while working under any type of the employment contract.

[i] Act No. 66 of 1995.

Keywords: Fair Hearing, Unfair Labour Practice, Probationary Employees

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