The Law and Practice on Alternative Dispute Resolution on Labour Disputes in Tanzania
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Mzumbe University
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A Research Report Submitted in Partial Fulfillment of the Requirements of the Award of Bachelor of Laws (LLB) Degree of Mzumbe University
This study aimed at examining the law and practice of alternative dispute resolution on labour dispute in Tanzania, the effectiveness of alternative dispute resolution in resolving labour disputes in Tanzania, its procedures, challenges, in the administration of the Labour Laws at the Commission for Mediation and Arbitration. The study was conducted following the general practice of the Disputes Settlement Mechanisms of Labour law in Tanzania. Data were collected from 40 respondents and random sampling was involved. Data utilized in this study were obtained from interview and documentary reviews such as legal documents, reports and books and from primary sources using interviews, questionnaires and direct observation. The major findings of this study were the implementing the country‟s labour law, dispute resolution system has been seen as important and vital as a good number of labour disputes have been determined in speedy compared to the repealed labour laws. The disputes were resolved and justice has now been made more accessible and less costly to the disputants. The possibility for one to institute a case without an assistance of the legal representative has been also observed and the positive ending has been determined. However the study This work largely succeeded in identifying key challenges that are currently hampering effective mediation and arbitration of labour disputes and consequently, recommendations for measures to be taken in order to address the challenges have been provided.
This study aimed at examining the law and practice of alternative dispute resolution on labour dispute in Tanzania, the effectiveness of alternative dispute resolution in resolving labour disputes in Tanzania, its procedures, challenges, in the administration of the Labour Laws at the Commission for Mediation and Arbitration. The study was conducted following the general practice of the Disputes Settlement Mechanisms of Labour law in Tanzania. Data were collected from 40 respondents and random sampling was involved. Data utilized in this study were obtained from interview and documentary reviews such as legal documents, reports and books and from primary sources using interviews, questionnaires and direct observation. The major findings of this study were the implementing the country‟s labour law, dispute resolution system has been seen as important and vital as a good number of labour disputes have been determined in speedy compared to the repealed labour laws. The disputes were resolved and justice has now been made more accessible and less costly to the disputants. The possibility for one to institute a case without an assistance of the legal representative has been also observed and the positive ending has been determined. However the study This work largely succeeded in identifying key challenges that are currently hampering effective mediation and arbitration of labour disputes and consequently, recommendations for measures to be taken in order to address the challenges have been provided.
Keywords
Alternative Dispute Resolution, Labour Disputes