Right to Fair Hearing in Employment Disciplinary Proceedings Related to Misconduct in Tanzania

Kelvin M Mwita; Matilda Lameck

doi:10.47268/ballrev.v4i2.1667

Right to Fair Hearing in Employment Disciplinary Proceedings Related to Misconduct in Tanzania

Kelvin M Mwita⁽¹⁾, Matilda Lameck⁽²⁾

(1) School of Public Administration and Management Mzumbe University, Morogoro, Tanzania, United Republic of
(2) Faculty of Law, The Open University of Tanzania, Dar es Salaam, Tanzania, United Republic of
email

Corresponding Author

Abstract

Introduction: The right to fair hearing is one of the principles of natural justice that is constitutionally provided for in Tanzania. Number of principal and subsidiary legislations have been enacted to promote the right to fair hearing in employment proceedings. Despite the legal protection, disciplinary proceedings related to misconduct have been persistently decided without affording the accused the right to a fair hearing.

Purposes of the Research: The study aimed at examining the gap that exists between the law protecting the right to fair hearing and the actual practice in organisations.

Methods of the Research: The study made use of library and field research. Data was collected by using documentary review to collect data from legal documents and published material. Semi-structured interviews were used to collect data from 14 respondents obtained from one of local government authorities in Tanzania.

Results of the Research: The study found that existing law have established standards that are capable of promoting the right to fair hearing in disciplinary proceedings. Further, the study observed that there is a gap between law and practice when it comes to promoting the right to fair hearing in disciplinary proceedings related to misconduct. The gap has to do with failure to adequately comply with procedural fairness during hearing. As per the reviewed literature this is the first study to examine the gap between law and practice relating the right to fair hearing with focus on disciplinary proceedings related to misconduct.

Keywords

Right To Fair Hearing; Employment Misconduct; Audi Alteram Partem.

DOI

10.47268/ballrev.v4i2.1667

Published

2023-12-02

How To Cite

APA: Mwita, K.M., & Lameck, M. (2023). Right to Fair Hearing in Employment Disciplinary Proceedings Related to Misconduct in Tanzania. Batulis Civil Law Review, 4(2), 143-157. DOI: https://doi.org/10.47268/ballrev.v4i2.1667.

IEEE: K.M. Mwita, and M. Lameck, "Right to Fair Hearing in Employment Disciplinary Proceedings Related to Misconduct in Tanzania", Batulis Civ. Law Rev., vol. 4, no. 2, pp. 143-157, Dec. 2023. Accessed on: Nov. 22, 2024. [Online]. Available DOI: https://doi.org/10.47268/ballrev.v4i2.1667

Harvard: Mwita, K.M., and Lameck, M., (2023). "Right to Fair Hearing in Employment Disciplinary Proceedings Related to Misconduct in Tanzania". Batulis Civil Law Review, Volume 4(2), pp. 143-157. [Online]. Available DOI: https://doi.org/10.47268/ballrev.v4i2.1667 (Accessed on: 22 November 2024)

Chicago: Mwita, Kelvin M, and Matilda Lameck. "Right to Fair Hearing in Employment Disciplinary Proceedings Related to Misconduct in Tanzania." Batulis Civil Law Review 4, no. 2 (November 14, 2023): 143-157. Accessed November 22, 2024. doi:10.47268/ballrev.v4i2.1667

Vancouver: Mwita KM, Lameck M. Right to Fair Hearing in Employment Disciplinary Proceedings Related to Misconduct in Tanzania. Batulis Civ. Law Rev. [Internet]. 2023 Dec 2 [cited 2024 Nov 22];4(2):143-157. Available from: https://doi.org/10.47268/ballrev.v4i2.1667

MLA 8th: Mwita, Kelvin M, and Matilda Lameck. "Right to Fair Hearing in Employment Disciplinary Proceedings Related to Misconduct in Tanzania." Batulis Civil Law Review, vol. 4, no. 2, 14 Nov. 2023, pp. 143-157, doi:10.47268/ballrev.v4i2.1667. Accessed 22 Nov. 2024.

BibTeX:

@article{BALLREV1667,
		author = {Kelvin Mwita and Matilda Lameck},
		title = {Right to Fair Hearing in Employment Disciplinary Proceedings Related to Misconduct in Tanzania},
		journal = {Batulis Civil Law Review},
		volume = {4},
		number = {2},
		year = {2023},
		keywords = {Right To Fair Hearing; Employment Misconduct; Audi Alteram Partem.},
		abstract = {Introduction: The right to fair hearing is one of the principles of natural justice that is constitutionally provided for in Tanzania. Number of principal and subsidiary legislations have been enacted to promote the right to fair hearing in employment proceedings. Despite the legal protection, disciplinary proceedings related to misconduct have been persistently decided without affording the accused the right to a fair hearing.Purposes of the Research: The study aimed at examining the gap that exists between the law protecting the right to fair hearing and the actual practice in organisations.Methods of the Research: The study made use of library and field research. Data was collected by using documentary review to collect data from legal documents and published material. Semi-structured interviews were used to collect data from 14 respondents obtained from one of local government authorities in Tanzania.Results of the Research: The study found that existing law have established standards that are capable of promoting the right to fair hearing in disciplinary proceedings. Further, the study observed that there is a gap between law and practice when it comes to promoting the right to fair hearing in disciplinary proceedings related to misconduct. The gap has to do with failure to adequately comply with procedural fairness during hearing. As per the reviewed literature this is the first study to examine the gap between law and practice relating the right to fair hearing with focus on disciplinary proceedings related to misconduct.},
				issn = {2746-8151},		pages = {143--157}			doi = {10.47268/ballrev.v4i2.1667},
				url = {https://fhukum.unpatti.ac.id/jurnal/ballrev/article/view/1667}
		}

RefWorks:

Citation format: Download Citation:

Journal Article

Ballard, A, and P Easteal. “Procedural Fairness in Workplace Investigations: Potential Flaws and Proposals for Change.” Alternative Law Journal 5, no. 4 (2018): 1–7. https://doi.org/10.1177/1037969X18772134.

Carrol, H. Constitutional and Administrative Law. 5th ed. Harlow: Pearson Education Limited, 2009.

Chauhan, V. S. “Reasoned Decision: A Principle of Natural Justice.” Journal of the Indian Law Institute 37, no. 1 (1995): 92–104.

Chigozie, M. “The Role off Fair Hearing in the Dispensation of Justice in Nigeria - A Legal Perspective.” International Journal of Innovative Legal & Political Studies 4, no. 4 (2016): 1–10.

Chipeta, D. Administrative Law in Tanzania: A Digest of Cases. Dar es Salaam: Mkuki na Nyota, n.d.

Kiweha, C. E. “Factors Influencing Unfair Termination of Employment in the Private Sector in Tanzania.” Global Scientific Journal 9, no. 10 (2021): 45–67.

LHRC. “Human Rights and Business Report 2020/2021.” Dar es Salaam: Legal and Human Right Centre, 2021.

LHRC. “Human Rights and Business Report 2020/2021: Tanzania Mainland.” Dar es Salaam: Legal and Human Right Centre, 2018.

Loveland, I. Constitutional Law, Administrative Law and Human Rights: A Critical Introduction. 6th ed. Oxford: Oxford University Press, 2012.

Lusewa, L. “The Right to Legal Representation in Disciplinary Proceedings in Tanzania Organizations: Nexus between Law and Practice.” Mzumbe University, 2020.

Mhando, N. E, and N. R Mhamba. “Improving Young Women’s Working Conditions in Tanzania’s Urban Food Vending Sector.” United Nations University World Institute for Development Economics Research, WIDER Working Paper 2021/157, 2021.

Mtemvu, B. “Assessment of Knowledge of Principles of Natural Justice among Disciplinary Committee Members in Tanzanian Organizations.” Mzumbe University, 2021.

Mwita, K. M. “Factors Influencing Data Saturation in Qualitative Studies.” Nternational Journal of Research in Business and Social Science (2147- 4478) 11, no. 4 (2022): 414–20. https://doi.org/10.20525/ijrbs.v11i4.1776.

Nziku, D. K, and J. M Lelo. Sustainable Education and Development, 2021. https://doi.org/10.1007/978-3-030-68836-3_28.

Odeku, K. O. “Precautionary Suspension in the Workplace and the Employees’ Right to Be Heard.” Mediterranean Journal of Social Sciences 4, no. 4 (2013): 797-804.

Parpworth, N. Constitutional and Administrative Law: Core Text Series. 9th ed. New York: Oxford University Press, 2016.

Full Text: PDF