Unfair Termination of Employment Contracts in Tanzania: Understanding the Rights and Remedies for Employees.

This Article will answer well your question about unfair termination,As well as remedies for unfair termination in Tanzania.

What is Unfair termination?
This occurs if an employer dismiss an employee without valid reasons of fails to follow required procedures of the labour laws or contract of employment.


As per section 37( 1) of the The Employment and labour Relations Act of [chapter 366, RE.2019] the law is to the effect that it is unlawful for an employer to terminate the employment of an employee unfairly.

The termination of employment becomes unfair under the law if the employer fails to prove the following;
the reason for termination is valid
the reason is fair reason-
i) Related to the employee’s conduct, capacity or compatibility; or
ii) Based on operational requirements of the employer, and that
that the employment was terminated in accordance with fair procedure

what are unfair reasons for termination of contract of employment?
The law further dwelt on the aspect of fair reason and it specifically states under section 37 (3) of The Employment and labour Relations Act of [chapter 366, RE.2019] that the reason will not be a fair one for reasons of termination if;

The employee discloses information which he was supposed to disclose under the Act or any other written law.


That the employee failed or refused do anything that the employer may not lawfully permit or require the employee to do
that the employee exercised any rights conferred by agreement, this Act or any other law
the said employee belonged to any trade union.


That the employee participated in lawful activities of the trade union, including lawful strikes.


REMEDIES FOR UNFAIR TERMINATION
These are provided for under section 40 of the The Employment and labour Relations Act of [chapter 366, RE.2019]

The law is to the effect that where the arbitrator or the court finds that termination of the employment of the employee is unfair the court or arbitrator may order employer to:-

1.Reinstate an employee.

reinstate an employee from the date the employee was terminated without loss of remuneration during the period that the employee was absent from work due to unfair termination.

This happen when employee was terminated so the law allows employees unfairly terminated be back to work and have all his salary to all months who was absent from wok to be paid by employer. (Restoring back employee in his previous position)

2: Re-engagement of employee

re-engage the employee on any terms that the court or the arbitrator may decide. This is rehiring an employee who was previously terminated from job and employer and employee will sign new contract.

3. Compensation
Thi is last remedy to pay compensation to an employee of not less than twelve months’ remuneration.


Conclusion
Section 40 (2) of the employment and labour relations act [Chapter 366, Re.2019] provides an order for compensation made under this section shall be in addition to, and not a substitute for, any other amount to which the employee may be entitled in terms of any law or agreement.

However, the employer may decide not to reinstate or re-engage the employer by paying such an employee the compensation of twelve months wages in addition to wages due and other benefits from the date of unfair termination to the date of payment.