Scribd Logo
Upload

Welcome to Scribd!

  • 221 views

    Employment and Labour Relations (General) : G.N. No. 47 (Contd.)

    Uploaded by

    Jonas S. Msigala
    The document provides instructions for referring a labor dispute to the Commission for Mediation and Arbitration in Tanzania. It outlines the purpose of the form, who should fill it out, where to submit it, acceptable methods of service, and what happens after submission. The form itself requests details about the referring party, other involved parties, the nature of the dispute, facts of the case, requested outcome, and whether any special accommodations are needed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Employment and Labour Relations (General) : G.N. No. 47 (Contd.)

    Uploaded by

    Jonas S. Msigala
    221 views5 pages
    The document provides instructions for referring a labor dispute to the Commission for Mediation and Arbitration in Tanzania. It outlines the purpose of the form, who should fill it out, where to submit it, acceptable methods of service, and what happens after submission. The form itself requests details about the referring party, other involved parties, the nature of the dispute, facts of the case, requested outcome, and whether any special accommodations are needed.

    Original Description:

    legal document 1

    Original Title

    4_5794377418831563500

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document provides instructions for referring a labor dispute to the Commission for Mediation and Arbitration in Tanzania. It outlines the purpose of the form, who should fill it out, where to submit it, acceptable methods of service, and what happens after submission. The form itself requests details about the referring party, other involved parties, the nature of the dispute, facts of the case, requested outcome, and whether any special accommodations are needed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    221 views5 pages

    Employment and Labour Relations (General) : G.N. No. 47 (Contd.)

    Uploaded by

    Jonas S. Msigala
    The document provides instructions for referring a labor dispute to the Commission for Mediation and Arbitration in Tanzania. It outlines the purpose of the form, who should fill it out, where to submit it, acceptable methods of service, and what happens after submission. The form itself requests details about the referring party, other involved parties, the nature of the dispute, facts of the case, requested outcome, and whether any special accommodations are needed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 5

    Employment and Labour Relations (General)

    G.N. No. 47 (contd.)

    CMA F.1

    REFERRAL OF A DISPUTE TO THE COMMISSION FOR MEDIATION AND ARBITRATION

    (Made under Regulation 34(1))

    DETAILS OF EMAIL AND PHYSICAL ADDRESS, TELEPHONE NOS. AND FAX


    NOS. OF HEAD OFFICE AND AREA OFFICES OF THE COMMISSION TO BE
    INSERTED HERE

    READ THIS FIRST:

    A. PURPOSE OF THE FORM

    This Form shall be completed if a party to a labour dispute intends to refer to dispute to the Commission in terms of
    section 86(1) of the Employment and Labour Relations Act.

    B. WHO FILLS IN THE FORM?

    The party wishing to refer the dispute – e.g. an employer, employee, union or employer’s’ organization – must
    complete this form.

    C. WHERE DOES THE FORM GO?

    To the other party or the dispute and a copy to the Commission in the area where the dispute has arisen, together with
    proof of the Form having been served on the other party or parties.

    D. HOW CAN THE FORM BE SERVED?

    By hand, registered post or fax. Proof of service on any other party must accompany the Form served on the
    Commission. The following constitutes proof on service.
     by hand: - receipt signed by the party or a person who appears to be at least 18 years old and in charge of the
    party’s place of residence or place of employment, or a signed statement by the person who served the document;

     by registered post:- proof of posting from postal authorities;

     by fax: fax transmission slip confirming the fax was successfully transmitted.

    E. WHAT HAPPENS WHEN THE FORM IS SUBMITTED?

    The Commission shall refer the dispute to mediation and advise all parties of the place, date and time of the first
    mediation meeting. Provide that the Commission may in certain circumstances refer the dispute direct to arbitration in
    terms of section 88 (3) of the Employment and Labour Relations Act.

    IMPORTANT

    THE RULES FOR MEDIATION AND ARBITRATION PUBLISHED BY THE


    COMMISSION REQUIRE A DISPUTE CONCERNING THE TERMINATION OF
    EMPLOYMENT TO BE REFEREED TO THE COMMISSION WITHIN 30
    DAYS OF THE TERMINATION OR THE DATE THAT THE EMPLOYER MADE A FINAL
    DECISION TO TERMINATE OR UPHOLD THE DECISION TO TERMINATE. ALL
    OTHER DISPUTE TO BE REFERRED WITHIN 60 DAYS OF THE DISPUTE HAVING
    ARISEN. IF THIS DISPUTE IS REFERRED OUTSIDE THE TIME PERIODS
    STIPULATED, AN APPLICATION FOR CONDONATION FROM A PARTY TO THE
    DISPUTE SHALL ACCOMPANY THIS FORM. OTHERWISE THIS DISPUTE SHALL
    NOT BE PROCESSED

    Tick the correct box 1. DETAILS OF PARTY


    REFERRING THE DISPUTE
    If you are an employee fill in (a) As the referring party, are you:
    below

    1
    Employment and Labour Relations (General)
    G.N. No. 47 (contd.)

    If you are an employer, union An employee


    official or representative or an
    employers’ organization, fill in
    (b) below
    An employer
    A union official or representative
    An employers’ organisation

    (a If the referring party is an employee


    )
    Surname:
    Fist Name:
    Employee Identity Number:
    Postal address:

    Physical address:

    Tel.: Cell:
    Fax.: Email:

    (b If the referring party is an employer, an employer,


    an employer’s organization or union
    Name:
    Postal address:
    Physical address:
    Tel.: Cell:
    Fax.: Email:
    Contact person:

    Tick the correct box 2. DETAILS OF THE OTHER


    PARTY (TO THE DISPUTE)

    If there is more than one other An


    party, write the details of the employee
    additional parties on a separate An
    employer
    page and staple it to this form A union
    An employers’ organization
    Name:
    Postal addres:
    Physical address:

    Tel.: Fax:
    Cell: Email:
    Contact Person:

    Tick the correct box 3. NATURE OF THE DISPUTE


    Application/interpretation/
    implementation of any law or
    agreement relating to employment
    Negotiations about terms and
    conditions of employment
    Discrimination
    Termination of employment
    Organization rights
    Recognition as exclusive bargaining
    agent
    Disclosure of information
    Tort
    Breach of contract

    2
    Employment and Labour Relations (General)
    G.N. No. 47 (contd.)

    Other (please describe)

    If the dispute concerns


    termination of employment
    complete Part B of this Form
    Summaries the facts of the dispute you are
    referring (unless this is a termination
    dispute, in which case complete Part B of
    this Form)

    If applicable, insert the amount If this dispute is about a claim you are
    owed money, state the amount you believe
    you are owed:

    The dispute arose on:


    (give the date, day, month
    and year)
    The dispute arose where:
    (give the City/Town in which
    the dispute arose)

    Suggest a fair solution to the 4. OUTCOME OF MEDIATION


    dispute
    What outcome do you seek?

    Tick the correct box 5. INDUSTRY


    Is the dispute in an essential Yes
    service
    No
    Indicate the sector or service in which the dispute arose.
    Agriculture
    Building & Construction
    Cleaning
    Communications
    Contract
    Distribution
    Domestic
    Financial Services
    Food & Beverage
    Health
    Mining
    Private Security
    Public Service
    Retail Sector
    Textiles
    Transport
    Other (Please describe)

    6. SPECIAL

    3
    Employment and Labour Relations (General)
    G.N. No. 47 (contd.)

    FEATURES/ADDITIONAL
    INFORMATION
    The commissioner provides (a Interpretation Service
    interpretation services for official )
    languages only.

    Parties may, at their own cost, Do you require an interpreter at mediation?


    bring interpreters for languages YES
    other than official languages.
    NO
    If yes, please indicate for what language:

    Special feature might be the (b Other


    urgency of the matter, the large Briefly outline any special
    number of people involved, features/additional information the
    important legal or labour issues Commissioner needs to note:
    etc.

    7. APPLICATION FOR CONDONATION


    A dispute concerning termination of (a) Is an application for condonation for late filing
    employment to be referred to the of this dispute necessary? Tick the appropriate
    Commission within 30 days, and box
    other disputes within 60 days of the YES
    dispute having arisen
    NO
    If yes, an application for Condonation Form
    shall be attached.

    Proof that a copy of this form has 8. INFORMING THE OTHER PARTY
    been sent could be:
     A registered slip form the Post I confirm that a copy of this form has been sent to the
    Office other party/parties to the dispute and proof of this is
     A signed receipt if hand attached to this form
    delivered
     A signed statement by the
    person delivering the form
     A fax slip

    Signature Name Position Date

    PART B
    ADDITIONAL FORM FOR TERMINATION OF EMPLOYMENT DISPUTES ONLY

    Termination disputes shall be (1) COMMENCEMENT OF THE EMPLOYMENT


    referred (i.e. received by the
    Commission) within 30 days. When did you start working for your employer?
    If you are outside this period,
    you are required to apply for
    condonation.

    4
    Employment and Labour Relations (General)
    G.N. No. 47 (contd.)

    (2) NOTICE OF TERMINATION


    Please give the date of your termination

    How were you informed of your termination?


    By letter
    At/After a disciplinary hearing
    Verbally
    Other (please describe)

    REASON FOR TERMINATION


    (3)
    Why was your employment terminated?
    Misconduct
    Operation requirements (retrenchment)
    Incapacity
    Incompatibility
    Unknown
    Other (please describe)

    (4) FAIRNESS/UNFAIRNESS OF TERMINATION

    (a) Procedural Issues


    Do you feel that the termination was
    procedurally unfair? (i.e. not in terms of a
    fair procedure)
    YES
    NO

    If yes, why?

    (b Substantive Issues
    Do you feel that the reason for termination was unfair?

    YES
    NO

    If yes, why?

    You might also like