Disciplinary Hearing Procedure According To Tanzania Labour Laws

• Published date: 23 February 2022
• Subject Matter: Employment and HR, Employee Rights/ Labour Relations
• Law Firm: Shikana Group
• Author: Shikana Law Group

Employers in Tanzania may face legal action as a result of failure to follow Tanzania labour related to disciplinary hearing and its procedure. The disciplinary hearing procedures in Tanzania are governed by the Employment and Labour Relations Act CAP366 of 2004 the Employment and Labour Relations (Code of Good Practise) G.N 42 of 2007, and the schedule to the Code of Good Practice G.N. No. 42 of 2007, Guidelines for Disciplinary, Incapacity and Incompatibility

The main purpose of a disciplinary hearing is to correct the employee's behaviour and ensure that they conduct themselves professionally at work. However, it can also be a question of the employee not having the capability to perform the job as well.

The employee must be aware that before conducting a disciplinary hearing against an employee there are several steps to be conducted against an employee, this means that an employer cannot initiate a disciplinary hearing against the employee on the spot.

First step: Counselling and verbal warning

When an employee engages in minor misconduct or performs poorly, the first action that an employer should take is to issue a verbal warning and counselling so that the employee understands that certain actions are undesirable and that he may correct the behaviour.

Second step: Written warning

When an employee's behaviour or conduct does not improve after being counselled or given a verbal warning, the next step to be taken by the employer is to issue a written warning. The employee may receive a written warning in stages, such as a first warning letter, a second warning letter, and a third warning letter.

Third stage: Disciplinary hearing

The question is at what stage should an employer conduct disciplinary hearing? A disciplinary hearing must be conducted on the below circumstance;

1. Further misconduct following a written warning or warning
2. Repeated written warning for different offences or;
3. Allegations of serious misconduct which could on their own justify a final warning or dismissal and may lead to termination of employment

In order for the disciplinary hearing procedure to be regarded fair under the law, the following process must be adhered to;

1. Conducting an investigation
   
   At this stage the employer is advised to conduct a thorough investigation before inviting the employee for a disciplinary hearing. The purpose of conducting an investigation is to ascertain if there are grounds to conduct a disciplinary hearing.
   
   In conducting an investigation, the...