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This research rooted from the labour laws which established a newly independent mechanism for solving labour matter and to ouster jurisdiction of normal court except high court. CMA was established under the Labour Institution Act, and devolve power to mediator and arbitrator to try matters for first instance before referred to high court labour. The research purpose is to fastening the government on the amendment of the labour laws on arbitrator’s powers, mediator’s power and extend their jurisdiction of execution of their decree The researcher sees no point of CMA to be given power to solve labour dispute for the first instance and yet the arbitrator and mediator cannot execute their decision, the purpose of saving time and reducing backlog of cases rendered fruitless is contrary to the purpose of establishment of CMA. The labour institution act empowered the arbitrator in their capacity to arbitrate matter form mediation and still these arbitrators are not given power to execute awards. The problem arises after the decision where by the winner has to file the decision to high court labour decision for the court to execute, these prolong rights of the parties. The research was done in Dar es Salaam region, for the belief that the selected case study would represent all other region in Tanzania due to its population, large number of employment and employment dispute which suffice the curiosity of the researcher’s research.
The researcher employed different method in collection of data proving the seriousness of the problem that exist and situation in the law aspects surrounding the problem which included methods, such as; observation, questionnaire and interview as well as library, but also the researcher used extensively online resources from legal and learning institutions and various records
On the part of the finding, respondents share same view with the researcher, the research prove that, the law is in adequacy and because of that the right of the winner are infringed. |
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