the Council for Mediation and Arbitration (CMA) as established under Section 12 of the 2004 Labour Institutions
Act. The CMA is established as an independent department of government, free in its day-to-day operations
from the influence of any political party, trade union, employer’s association and federation of trade unions, or
employer associations.
738.
There are CMA zonal offices in 11 zones: Dar es Salaam and the Coast, Arusha, Manyara and Kilimanjaro,
Dodoma and Singida, Mwanza, Kagera, Mara and Shinyanga, Mbeya and Rukwa, Tanga, Morogoro, Tabora and
Kigoma, Ruvuma, Mtwara and Lindi and Iringa. However, operational challenges still exist: the Commission
lacks proper office accommodation, adequate staff, working tools and equipment, owing to funding constraints.
Funding limitations have also affected capacity building for mediators and arbitrators. Nevertheless, the CMA
registered a commendable rate of case resolutions even in the face of these challenges.
Table 5. 5: Record of Dispute Settlement for the Period Jan. 2006 – Dec. 2007
Period
Total number of disputes
Number of disputes resolved
through mediation and arbitration
January – June 2006
1977
925
July 2006 – September 2007
2582
1092
October – December 2007
2682
871
Source: CSAR (CMA data)
Mediation
739.
The CSAR states that mediators are obliged to resolve disputes within 30 days or such longer period as the
parties involved may agree. Provision is made for representation by a member or an official of a trade union to
which any of the parties is a member, or an advocate. Where mediation fails in the case of a dispute of general
interest, the Act makes provision for the affected party to issue notice of its intention to commence a strike or
a lock out. Where mediation fails in the case of a complaint, provision is made under the Act for the affected
party to refer the matter to arbitration or a labour court, which is a labour division of the High Court. Disputes in
essential services are referred to compulsory arbitration.
Arbitration
740.
The Act provides that arbitration must be applied in the case where the dispute of interest involves essential
services or involves a complaint over the fairness of an employee’s termination of employment or any other
contravention of any labour law in which the amount claimed is below the pecuniary jurisdiction of the High
Court. Arbitration is also applied where parties fail to resolve a dispute referred to mediation. In an arbitration
hearing, parties are free to be represented by a member or official or that party’s trade union or employee
association, or by an advocate. The arbitrator has thirty days within which to make an appropriate award. The
arbitration award has a binding effect on the parties and may be executed in the Labour Court.
Adjudication
741.
As far as labour disputes are concerned, adjudication vests in the Labour division of the High Court, which has
exclusive jurisdiction to interpret the provisions of the Act and decide complaints outside arbitration.
152
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