The United Republic of Tanzania

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i THE UNITED REPUBLIC OF TANZANIA
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· TH_E EMPLOYMENT AND LABOUR RELATIONS .

(CODE OF GOOD PRACTICE) RUL·ES, 2·007-
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[GOVERNMENT NOTICE NO. 42 OF 1~ FEBRUARY, 2007)
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.-T IIE LABOUR INSTITUTIONS (MEDIATION AND

. ARBITRATION) RULES, 2007 ,_':.'
;.-~ · · . [GOVERNivfENT NOTICE. NO~ 64 OF 23RD MARCH, 2007] \·

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: THE EMPLOYl~fE;;AND LABOUR RELATIOJ;'1S .·

(FORMS) J~ULES, ~007 ..J:;L.·
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[GOVERN1v1ENT NOTICE NO. 65 OF 23R? MARCH, 2007]

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THE LABOUR INSTITUTIONS AND -CODE OF ·;..,_
.()NDUCT FOR MEDIATORS AND ARBITRATORS)

RULES, 2007
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[GOVERNMENT NOTICE NO. 66.' OF 23RD MARCH, 2007] \
fHE LABOUR INSTITUTIONS (MEDIATION AND r ·:·8

ARBITRATION GUIDELINES) RULES, 2007
[GOVERNMENT NOTICE NO. 67 OF z3w MARCH, 2007Y
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GovrnNM!:'tH >kn,c;:: i'fo . 42 published on I 6/2i2007
THE EMPLOYMENT AND LABOUR RELATIONS ACT, 2004
(}.Jo. 6 OF 2004)
RULE_S
Made under section 99(1)
THE EMPLOYMENT AND LABOUR RELATIONS (CODE OF GOOD PRACTICE)

RULES, 2007
,,
I
1
TABLE OF CONTENTS
PART I
PRELIMINARY PROVISIONS
,-
Rule Title
1. Citation and commencement. <,•
2. Application .
3. Termination of Employment.
PART II
_.-: (a) TERMINATION GENERALLY /
(i) Forms of Termination and Procedures

4. Termination of employment by Agreement.
.\ Autornatic termination.
6. Resignation .
7. Constructive termination.
8. Termination by an employer.
9. Fair reasons and fair procedures .
I 0. Probationary employees.
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;
i
{
I
J
Employment and Labour Relations (Code of Good Practice)
G.lv'. No . -12 (co11td.)
{ii) Misconduct
ll. Managing conduct.

12. Fairness of the reason.
13 . Fairness of the procedure.
14. Termination of employment in unlawful strikes.
{iii) Incapacity
15 . Incapacity generally.
16. Managing work performance standards.
{iv) Poor work performance
17. Fairness of the reason.

•J
fl
I 8. Fairness of the procedure.
'
(v) Ill- health or injury
19. Fairness of the reason .

20. ;>-HIV/AIDS StatuE.
•
2f': Fairness of the procedure .

.,:
(vi) Incompatibility
22 . Incompatibility.
(b) OPERATIONAL ~QLIIREMENTS

/
23 . Operational requirements .
24. Selection criteria.
25 . Preference in rehiring .
...
(c) SEVERANCE PAY
26 . Severance pay.
2
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G.N. No. 42 (contd.)
(d) SUSPENSION
27 . Suspension .
PART HI
WOR.KP,LACE DISCRIMINATION
28 . Elimination of Discrimination. ~
29. Prohibition of Discrimination.

· 30. Developing a Plan .
31 . Direct and indirect Discrimination.
32 . Employer·' Responsibilities.
. ···-····--··--············-···-················ ···-···························
33 _. Advertising.
34 . Selection .
35: Training. 1:j
36. Performan-ce reviews.
3 7. Employee Responsibilities.
38 . Trade Union Responsibilities .
,...
PART IV
<>' STRIKES AND LOCKOUTS
39. l)ole of strikes and lockouts in collective bargaining .

40. Objective.
41 . Matters in respect of which a strike or lockout is pennissible.
42 . Procedural requirements for a lawful strike or lockout. /
43. Rules regulating the conduct of strikes and lockout.
44 . Procedure for engaging in a secondary strike .
45. Termination of.strikers .
46. Role of the pojice .
47 . Role of private security personnel.
48. Information, .. and education.
1
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Employmeni and Labour Relations (Code of Good Practice)

G .N. No. 42 (contd.)
PART V
STREKE S AND LOCKOUTS
49. Applying the Rules .
(a) REcoGNITioN
50. Recognition and objectives.

51 . Applying for recognition .
52. Determination of a bargaining unit.
53. Withdrawal of recognition.
54. Duty to bargain in good faith.
55 . Bargaining matters .
56. Disclosure of information .
·-······-··-···········--··· ·5?-:···Duty···of fa1Y·representation.
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(b) COLLECTIVE AGREEMENTS
58 . Agency shop agreements.
, ...
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SCHEDULE
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4
Lmployn1enr and Labour Relations (Code cf Good Practice)
G.N. ,Vo . ../] (co11ld)
THE EMPLOYMENT AND LABOUR RELATIONS ACT, 2004
(No 6 u1 200.:+)
RULES
Made under section 99(1)
THE El\lPLOY\lE'\T .\'\l) L.\BOL ' R REL.-\TlO\"S (CODE OF GOOD PRACTICE)

RU. ES . 2007
PART I
PRELI \ II NARY PROV ISIONS
l . These Rule~ may be cited as the Empioyment and Labour Relations Cit a tion
(Code of Good Practice) Rules , 2007 .
2. These Rules shall apply to·all employees, employers, trade unions, Application
employer organizations, mediators , arbitrators, assessors, j~dges and shall

include Government officials
... . .,-
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.,:
PART II
(a) TERMINATION GENERALLY
(i) Forms of Termination and Procedures
3 .-( 1) For the purposes of these Rules, the termination of employment Termination
of
shall include- Employment
( a) a lawful termination under the common law;
(b) ~e employer made continued employment intolerable for the
Jmployee;
( c) failure to renew a fixed term contract on the same or similar
tenns if there was a reasonable expectation of renewal of the
contract;
5
Emplo~vmenl and Labour Relatzons (Code of Good Practice)
G.,\· So. -I] fco11td.)
(d) failure to allow an employee to resume work after a maternity

or paternity leave: and
( c) failure to re-employ an employee where the employer has
terminated the employment of a number of employees for
the same or similar reasons and has offered re-employment
onlY to some of those tem1inated.
(2) A la\\'ful tcm1ination of employment under the common law shall

be as follows-
(a) tcnnination of emp loyment by agreement;
(b) automatic tem1ination:
( c) termination of employment by the employee; or
(d) dctem1ination of employment by the ·erhployee;
(3) The rules regulating the tem1ination of a contract ofemployment

shall depend on the duration of the contract. .
( 4) The agreed duration shall be applicable where there is-

~~
(a) :111 agrccme11t to work for a fixed term in respect of a fixed
time or upon cnmpletion of a task: or
(b) an agreement to work without reference to limitation ·of time
or task in a~cordance to the agreemel)t.
-f ;-
. \.1·
4 .-(I) An employer and employee shall agree to terminate the contract Termination
\) f
in accordance ,,to agreement.
,_111ployme11t
. by
Agreement
(2) Where the contract is a fixed term contract, the contract shall
tem1inate automatically when the agreed period expires, unless the
contract provided otherwise. /
(3) Subject to sub-rule (2), a fixed term contract may be renewed by

default if an employee continues to work after the expiry of the fixed
terrn contract and circumstances warrants it .
( 4) Subject to sub-rule (3), the failure to renew a fixed-term contract

in circumstance where the employee reaso.n ably expects a renewal of
the contract mav be considered to be an unfair termination.
6
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Employment,_E_nd Labour Relations (<;'ode of Good Practice)

G.Y .\'o. ./2 (co11rd1
(5) Where fixed term contract is not rene\\·ed and the employee
:laims a rcas.onablc expectation of rene,\al, the employee shall
demonstrate that there is an objective basis for the expectation such as
previous renewals, employer ·s undertakings to rene\Y.
(6) The provision of this rule shall not apply where-
(a) the size of the employer may justify a departure:
(b) the nature of the employment business may require strict

adherence to rules than mav normallv be the case; or
J • ~ •
(c) collective misconduct mayj~stify a departure from the ordinary

procedure rules provided that the _employees are given a fair
opportunity to make representations . .
(7) The provision of this rule may be vari~d by collective agreement.
s ~-( l) A contract of employment may be terminated automatically in ...\utomatic

termi-
certain circun·1 stances~such as death or loss of profession of the business
nal ion
(sequestration) of the employer.
(2) Subject to sub·rule ( l ), a person taking over the business in such

circumstances, shall first consider the employment of the employees
whose employment have been _,~ern1iualetl as a resull of the death or
sequestration1 before any other ·e mployees are hired .
.,:
(3) Unless the contract of employment provides otherwise, a contract

of employment may terminate automatically when the employee reaches
the agreed or normal age of retirement.
I
( 4) Where there is no agreed retirement age the nom1al retirement
age shall be implied from the employer ·s practice in the past and the
practice in the industf}·.
(5) Where the emplo:yec continues .to ,vork after attaining the
retirement age, th,e contract shall be renewed and the normal rules of
tem1ination of employment apply, unless the employee and the employer
agreed to something different.
7
Emplovment
~ ., and labour Relations (Code ol Good Practice i
~ /
G.N. No n rconrd.J
RQignation 6.-( I) \Vl1crc an employee has agreed to a fixed term contract_ that
employee may only resign if the emµlo~ er materially breaches the
contract If there is no bre;ich by the employer. the crnploy~c may
lawfully tcm1inate the contract before th~ expiry of the fi,;ed term by
getting the employer to agree to an early tem1ination.
(2) \Nhere there is an indefinite contract. the cmplo~ cc may resign-
'(a) by giving a notice of tem1ination: or
(b) without notice, if the employer Ins nutcri :.1lh· brc:1chcd the
I
contract.
(3) A material breach means a serious breach tl1::it goes to the core
of .the contract,
(4) Conducts ,vhich shall amount to a material breach of a contract

of employment and that may justify the sununary tennination of the
r; contract b::,.' the employee are-
(a) the refusal to pay ,vages:
(b) verbal or physical abuse or se:-rnal harassmenL
(c) unfair discrimination: or
< ( ct') anv other breach.
(5) Notwithstanding· section 41 of the Act, the minimum period of

notice to be given by an employee on a la\\·ful termination of contract, an
employer and employee may agree to a longer notice .
(.\)!L<;lnl\.:ti,·l'
7.-( I) Where an employer makes an employment intolerable which
t<:n11i11ati011
may result to the resignation of the employee_ that resignation amount
to forced resignation or constructive terrnination .
(2} Subject to sub-rule (I) , the following circumstances may be

considered as sufficient reasons to justify a forced resignation or
co.n strnctivc tcm1ination-
(a) sc:-,,:ual harassment or the failure to protect an employee from

sexual harassment; and
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Lmp!oymeni cmd Lobc~ur Rr.:/c, !ONS (Code cl Good Pracrice)

(j .\'. .\·o. -12 lco111cl..1
(b) if an cn1pbyc;; has been unfairly deal.£ \\ith, provided that the
cmp!o\ cc has mi!ized the availablt mcchantsms to deal \\ ith
grievances unless there arc good rt:asons for not doing so .
(3) \Vhcre it is estab li shed that the emp loyer rn.adc employment
intolerable as 3 result of resignation of employee, it shall be legally regarded
as terminat ion of employment by the employer.
8 -·-(I) An emp loyer may tcm1inate the employment of an employee if T LTl1lu1ati Jn

h\· an
he-- ~mploy~r
(:1) complies \\tih the provisions of the contract relating to
tem1ination :
· (b) ·con1p lics ,\'ith the provisions of sections 41 to 44 of the Act

· concerning notice, severance pay. transport to the place of
·;:cc·ri:i-itrncnt and payment:
(c) follO\vs
.
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fair procedure before tenninating the contact: and
(d) has a fair reason to do so. as defined in Section 3 7(2.) of the

Act . -
(2) Compliance ,vi th the provis1Qns of th f. r.nntr;:irt relating to

tcm1ination shall depends on_-\vlfether the contract is for a fixed term or
indefinite in duration . This 'rneans that - · '
""'
(a) ,,·here an employer has employed an e mployee on a fixed
term contact, the employer may only· tcm1inatc the contract
before the expiry of the contract period if the employee
materially breaches the contract
/
(b) ,,·h ere there is no breach to terminate the contract lawfully is
uy getting the employee to agree to early terrnir,ation:
(c) \\ here the contract is for an indefinite du ration. the employer
mu s t have J fair r<..:ason to terminate and follow a fair
proccdu re
i -1·) th(> \..'rnploycr may terminate the contract-

\ l.
(i) by g iving notice of termination: or

( 1i} \\ ithout notice, if the emp loyee has materially breached
ihc cont ra ct.
9
Employment an,d.Labour Relatton,s (Code of Good fractice)
G.N No. 42 (c011rd.)
(3) Where an employer requires the employee to work the noh t>:
the employee fails to do so, the employer may deduct from any n .. ,i
due to the employee the equivalent of the amount that would ha.w: :
due to the employee had the employee worked.
(4) The amount of severance pay due to an employee shaH

specified under Rule 25.
Fair 9.-(1) An employer shall follow a fair procedure before termi1.'-

reasons
an employee's employment which may depend to some extent ..:·,
and fair
procedures kind of reasons given for such tem1ination .
(2) Notwithstanding the procedures used in these Rule~ ". he

procedure which may be used in respect of incapacity or incapabiH\
shall be different.
(3) The burden of proof lies·with the employer but it is sufficie,·

for th¢ employer to prove the reason dn a balance ofprobabilitie'~
(4) The reasons ,yhich may justify temiinat_ion by the employ

as follows-
(a) conduct; ,,
(b) cap,~~oity:
( C) COrllpatibility; Or
(d) "-employer's operational requirements.
(5) The reason shall not only be one of the kinds of reasons consi;: .,
fair but the reason in a particular case shall be sufficiently sefr··.,
justify termination.
/
Probationary I 0.-( I) All employees \vho are under probationary periods ofni:,.
.:mploYi:.:s
than 6 months_ their tenninatioh procedure shall be provided un(i -.
~uidelines .
(2) Tcn11s of probation shall be made known to the cmploye:.· b .

the employee commences employment.
(3) The purpose of probation is normally to enable the cmpLi\ ·

make an informed assessment of "'·hethcr the employee is cqmpc '· ·
do the job and suitable for employment.
10
Employment anc! /,aho11r Rcicr: :;.,1.c. ({ ·u.J:, ,:.t 1 : u,, :..- _!\·'.., . , :n'.'
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(4) . Th e per1.0 d oi,. prooatlon ' . sl1ouic! · · ·:)c. n i · :_! r,:J::'.,\:,:;L;,; · · ·:,.-:-,,'t :,· n: · ·,,_-,L
morel~h,;dn I\"\~l . ·•'t :, 1 \vC
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(5) A n ernp Ioycr may. 21tcr consuit~:mm \\t L, t: n(· ,,.:mp1u:·. CL'. ,J\tc·m:
1 · ·
the probationary peri od for J further rL::1su11::bk period if,i;,.: .;rnp!1.)_..,: r

has not yet been able ro proper!:- ~1sscss \1h,.:thcr th: (111pi:.i,,:c is
competent to do the job or suit:-iblc for crnplo,rn ,_:nt .
(6) During the period of prob:1tion. the 1..·,1;ptt,,.,_'.J :;l::1l! -
(a) m01ii tor :-ind e\·~1 Itu k' thL: 1..' 111p1u~ cc ·s p:..:ricHrn:11KL' :1nd
suitabilit\ from time tot in1L·.
(b) n1eet \\ ·1·tJ1• tJ1· ,·"'..,.1' J'1·11)l,~, ·.,, ..1r

.... 1_ ....,..., .....
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the empl oyce·s c,Jlu:11iu11 ~rnd to pro , ick .\',L!id:rncL: if

ll "CCSS"' r\ · ·1·11•' Pl ! i c·l .-. 111' •' JY1·1 \ 1.'11 1 · : ·,· 'l'- i ,·t·, · ·L ;,~,, r r··; 1;, I" ··1,·1l· ,:
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counseling to the crnplo:,.c~ during prub:111,:111
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(7) Where at anv s:1age curing tnc 1·)n10:H 1c,:1 1;,L:r!cd. tih.: i..' ff1D10'. -.:r is
• - • '-' l •
:oncemed that the employee is not pc·rfurrnmg ro st:rnc.b rd (•r m:1:-, not
!:or the pos1·t1· Oil tl11·' e1"p 110, ·,) ,· ,· i1 ·d l 1)'1 1 ; r, f l1 -·· ''J11 !';l (". 'i' c·){ '!1'> ,:
Je Sul.table· 11 IV I f• _ -..:,. 1 ,_'\ 1 , .,. •. , • . , \ ) .. . ... \_.. \,,. • - ;- ..... )_\ \.., .... _ l ..... <,. LL
::oncem and give the employee an oppcH~tunit y to respond or ~m opponunity

o improve.
..,, .r
(8) Subject to sub-rnlc (I) the employment 0L1 prub~1 tionary ;:mµ!oyc(.'.
hall be terminated if- "'
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(a) tl1e en1plo\ ·c,1..·~ 11 .-.c; 'o•·' c·, n ., {l... V 11
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(b) the emplo\·ce has • • .,_, I,.._ bt""1

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those concerns :
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per1om1an~,c 0 ,.,-.,,,
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.(9) A probationary employee shall be ,;mitkd ttl be rcpr·-..:s,;ntc~d in the

ocess referred to in sub-rule (7) bY a f .,llrn\ crnpioycc or uniori
Hcsentativc .
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Employment and Labour Relatio_ns ~de ~l Good Practice)
(ii) Misconduct
M a naging 11 .-( l) All empioyers shall implement disciplinary policies and

conduct procedures that establish the standard of conduct required of their
employees .
(2) The form and content of policies and procedures shall obviously
vary according to the siL~ arH.J nature of the employer's business .
(3) An employer 's rules in the application of discipline and standards

of conduct shall be made available to the employees in a manner that is
easily understood.
(4) Subject to sub-rule (3), dis~ipline shall be corrective efforts and

be made to correct employee behaviour throug~ a·-system·· of.graduat-ed ········
disciplinary measures such as counselling and warnings .
is
(5) The effect of a warning to notify the employee that a further
offence of a similar nature may result in more serious disciplinary action
being tgl.ken.
"\
(6) Procedures of i~voking disciplinary measures specified shall be

taken as in the schedule to these Rules .
F11irni>~~ 12 .-(1) Ahy ern131oyer, arbitrator or judge who is required to decide

of the
reason as to tenninatiori '.~fo r rriisconduct is unfair shall consider-
(a) wf/ethcr or not the employee contravened a rule or standard
regulating conduct relating to employment;
(b) if the mle or standard was contravened, whether or not-
(i) it is reasonable; /
(ii) it is clear and unambiguous;

(iii) the employee was aware of it, or could reasonably be
expected to have been aware of it;
(iv) it has been consistently applied by the employer; and
(v) termination is an appropriate sanction for oontravening

it.
12
i!ILtr-.~· ....__.,.:.-...,.....':ii"!'=<:.. .,,-q-· . :.:;;.,;...;_--------
_Employment and Labour Relations (Code of Good Practice)

(2) First offence of an employee shall not justify termination unless

it is proved that the misconduct is so serious that it makes a continued
emp!o:y111ent relationship intolerable.
(3) The acts which may justify tennination are-
( a) gross dishonesty;
(b) wilful damage to propertx;
( c) wilful endangering the safety of others; .

(d) gross negligence;
. .
(e) assault on a co-employee, supplier, customer or a member of
the: family of, and any person associat_ed with, tqe employer;
and
(f) gross insubordination.
l~
,.
(4) In determining whether or not te1:inination is the appropriate
sanction, the employer should consider -··
(a) the seriousness of the miscondu c:t _in the light of the nature of
the job and ·the cii;.cumstances m which it occurred, health
and safety, and .the _likelihood of repetition; or
(b) the circumstances of the employee snch as the employee's

employment record , length of service, previous disciplinary
record and personal ci rcumstances .
(5) The employer shall apply the sanction of termination consistently

with the way in which it has been applied to the sam~ and other employees
in the past, and consistently as bet\vecn tyvo or more employees who
commit same misconduct .
13 .-(1) The employer shall conduct an investigation to ascertain Fairnes s

of the
whether there are grounds for a hearing t,.:, he held. procedu~e
(2) Where a hearing is to be held. the employer shall notify the

employee of the allegations using a form and language that the employee
can reasonably understand.
13
-~ ~··-----·--- /:.,, -- nl ;l) /.0)-'rJ? Cl~ { __ (i.i"? {..:I___.Le:
- '
:'7 0 li r··
p .
; ~ C !C? fl (J i'7 S
. (('
1 -·o d. e (~j
1· G ()(){] J) }"(7 CI l.C() 1
;; \·. .\·o. -./..? (CO!il(f}
(3) The crrq1fvy(;c shal l b::: :;-: ntitlcd to a reasonable time to prcp,nL· 11
1.;;:: i:.c.a.ri.n;; and io be assisted in the bearing by a trade union reprcscnt:11 11
or fella\\ employee \V1nt constitutes a reasonab le time shall dcp c11d 1
the circumstances ::rnd the cornple,~ity of the case. but 1t shall not norm il l
t-.ic (c:ss than -~-? hc)urs
(4) The hc::-,ring sh::1il b:_: held and fina lized within a reaso nable 1111 1
::,:1, -; ri1.-,·1···e,~ h\ · '< -;:,,H~,-.1,' ,·11', ... <;<'.'i1ic,r r1 1 a11a.
, - .... 1. . · - : . 1.: l , . . \., I.., _·
;:igen1C!l~l 1·cpresentat1.\1C ,, 111t.
·. , • •11, ~ i .,_ J . . . .... , . .. ~ · ~ ,._. , , , ,I . • l .. 1 i
-~i,·,! 1' I'()f l ,,...,, ., , h, ' c' n .,-'1\ "('i' !''i"1 ;,, t 1,1('. ('i ;"('!lJ'lSta11 ·-cc: g1
• ' ' H. l. ! . ! •( ~ ' \ ,. ' .. '-' ·\11
·1-10 r1' sc to tl1 c ,·· 1· t
.. I : ..., • \ , .. , . I ,\ '• • • ..,, ~ • ...,, ~ I • '-· . .... ~ , ,( I
{5) E>,icknct_: iii suppmi of the ~illcgJ.tions 'aga inst the employee sl1.d
he prcsrn!cci ~ll thl: \.c;1 ,in g T he employee shall be g ivch a prn111
opportunit · ;.,t the hc~u ing t(, rc.;spond to the aliegations, question
\.\ ·:t:'""' C" 1c.r-i 'c,\· l'l·,,, t' Jll nlr)\ ···:r '. lna' to· Ca [11 \\'.ltll CSSeS jf I1eCCSSa,.--,·
,.\, , .. \.., ._ ) ._ , ..,(..1 • . -... . • '· , , • . f"' . .. - J <.:. l L I \. .
-~' '\'-
I . _' ,••
_}J 1-"'
. • 1..,, ..'·. .· .
-, .
,··. --·p·
, • .1 :··,
: • • ,-. ,,·,
.1 , ,,-
. ,1·
,•/. ·• r·•.·:,:_,s;c,;·
• ._ , ·, h!\· ~J <.. . v~_ rPfuscs to attend the hearn lll
""-'l • •
,1
•)
1 - · '.'n-:D,G'.T
ti~: 1 ·, r~: -···. i: :·c::: _.. '.:' -. :tn
- · t •n c -i.1carmg
- .
rn '
t11c a b sc nce o f'· 111
I1
CJ r\ r, f ()\ ·:~ ~~::.
("/) \,\/here the hcJr:ng rt;su lts in the emp loyee being found g11i ll)
the nllcgd ~;u11~, under cons1dcra t1 o n. the cinp loyec shall be given tl1~
ot:·1:;orturit-.~ lo ;:;,u; fon.\::rd ~11h mit iuating fac tors before a decisi on 1
L ' • ·- - •
)"• ".'•,.11·')' .. ,( -( .-.. r, :-•0,-.r"t :('\' f {''! I,:.:,-·,,,.., ... '(i
~:l nt.,v \.).!1 tllt.., 00.: !v t,J!.i l·..J IJ,..., !i. l , iJ\ .. ':)(.,,.__, _
(8) After the hcJ:·irtg. the cn: p! oycr sha ll communicate the decis 1<lll
t1_kc n_ ~nd preferab ly furnish the cmp lo:·,ee with written notification 111
t.1 ~:..: decision. I,)~~cJ.h,...'r \\ ith br1cf rt;.:.1.sons.
1
A t ·:1.ci" 'Ji:;,.)-, c rr:f' i,d c.i-1;-i ll he r'11tit!! rl to rc>:orcscnt
\ '-"l)
, •
1
• •. • • \_ I , , } .• r .._
I a trade unH •111
• ~ \ • ._., , •\, I t ·- _,. , L
0
.. , U • · I,_.
l .. ; ,. )\,.,-Li...-(
·1 i •J°' -,,.,: ,_, ·i, --1 i"' :' 11 o···fF. ''C'. - ·)',., r, ' ,- or o ffic1· al <) f .1
··, ,ir-> 1·l, " ''11 ' ·'."l 'L ; vc ·, i· :·, ,, .,·.·,·q 1 . \ ,
1
, .... , ..n . . . . .. _...... . , 1 11,. ._) .. J. . Ll\..., L1,,..,(..,la\..•• (.
rt~··-'- ~-~~t,::.:!·cd tra0~:: ,_1n~:.) 1.·1~ :1 ! ~; he~1r: l' .~:~
:;) \ \rhc.:··.: -·::;·,,, ;,._.. ·, :,·;, ; ,. . j ' fi \ , •• •• • ..., •• ,

·,-,·: ·,! :': ·<" 6
, • , • •• • • • • • • ·.1 . •
ii),,
It,\,.• ,..,. iJ . ~ ..sh"I'
('·1nnlo\'CC <.J.
1)C o i Vl'II
l b. t
, .• . ;1. 1'(\,
.. .·' r :_: :,. :.••:,,·,·; •. - i--··r;,-,;:
. \ . . • , 1. 1·1 r;r-, ;-;
~ 1• . . . t.
:,11.- : , ,,,-_,,•·1cl :-···;1 nr -~11"\' --1·g11 1·s to y·,,1-:,r a- d1' (· 1rn1 \·
•• fi ~'-. , ,. , ••• 1. .. " · .... • 1A • ., · 1 l . ...... v ..)
n·,; ,c:_' rni n~ i.h,; ::::rn'..;s~-- cf 1hl; r,~·rn1:n:1tio 11 under a collective agrcc mrn!
,:,;· :: ,:-, '.he C 11:F,-, " -~1c,:1 fo:- \.'i,..:;~i :~'. 1c,;i :wd Arbit ra ti on under the Act.
(II ) in C\.C>.::1t1t)nai t: ircurnc.:tanc(_:s _ if the emp loye r cann ot rcaso nt1h l,

be C.\pcct i:'--1 tn C,.i:.,ph-.. \\i:h tk:;,, guide lines_ the employer may di spc 11 \t
i4
. ' " ; • . :: : ~ • • •• ¥ • •
~~----Employment and Labour Relations (Code of Good Practice)

~=---=---~~~~~~~~~~--'---~~-=---~~~~~~~~~
with them. An employer ~vould not have to convene a hearing if action

:-\-:) is taken with the consent of the employee concerned.
( 12) Employers shall keep records for each employee specifying the
natmc of any di ~:ciplinary transgressions. the action taken by the employer
and the reasons for the actions.
( 13) In case of collective misconduct. it is not unfair to hold a collective

i :
~·
i
<
hearing .
·1·.:n11ina1i,n1
lx/?tr·-,
1:
../ l<J.-(1) Di sciplinary action shall not be taken against an cmployce ~
:,;
,, f
,,ho p~1rticipatcd in a strike that corn plies to the provisions of Part VI I o_f \.1l~J >h>~ 1lh..111
)
I'.
the /\ct. Ill
unlawi"ul
t
~
(2) Nol \\ ith s tanding the provision of sub-rule (I) participating in a

~lr ik~~
t-
~
striki.: that doi.:;; not comply to the provision under Part Vil constitutes .,~
rnisconduct ::i Nd may justi(Y termination of cmploymi.:nt after having t~
considered- i~
(a) the seriousness of th'c contravention of the Act and the

attempts .made to con~ply with the Act:
I ~t
(b) whether or not the ~Jrike was in response to unjustified conduct

~
:;'
f
by the employer:
(c) whether tl1.e partie,s have made genuine attempts to negotiate ~

,; · .
the resolution of the dispute; ;;-·.·
f.
~:
(d) whether the employee have been given an ultimatum; {
r
(e) the manner in which the employee have conducted themselves

during the strike, namely whether the strike was conducted
in a peaceful marmer or accompanied by violent behaviour of
the employee; or
·:.:!- (f) whether the viability of the business is seriously placed at

risk .
(3) Prior to te(.rnination of the employee the employer shall, at ·the

earliest opportunity, contact a trade union official to discuss the course
'rl of action it intends to adopt.
:{;
:}:t
J 15
};
·~1t 1
-.. ~_t
·. ;i~
?_
;fk·
Employment and Labour Relations (Code of Good f'ractice)
,. - . ..... . ....,.,,-,,- - - -~··.•··· . ,_~- . -
G.N. No . 12 (contd.)
' 11 issue
(4 ) Th e emp 1oyer snaH .
m1 u 1t1matum
. . c1ear
m l
and• unam b'
J1guous
. terms which states· what is required of the employee a:nd what sanction
shall be imposed if they do not comply with tl-ie ultimatum.
(5) The employee shall be allowed sufficient time to reflect on the

ultimatum and respond to it, either by complying with it or rejecting it.
What coostitutes 'sufficient time' shall depend on the circumstances of
each case, but normally would allow the employee to reflect on the
ultimatum over night .
(6) Where·the employer cannot reasonably be expected to take these

steps, the employer- ·may dispense with them for the reason that the
employee or his repres:entati.ve refuse to meet \vith the employer.
(7) The employer may not discriminate between the striking employees
by ter rninating the ' employment of some of them
0
·- .
or, after having
... •····· -· ··
termiriated their employment, re-instating some of them.
(8) Where _the reason for difference in treatment is based on fair

grounds such as participation in strike related-misconduct, picket violence
or malicious darn.a ge to property the termination may be fair.
(iii) Incapacity
Incapacity 15 .-(1) An employee's incapacity may be due to ill health, injury or

g,:ncral ly
poor work performance.
I
(2) Each reason needs to be dealt v, ith on its merits and a fair
1
procedure applied in each case.
Managin g 16 .--(1) It is important in detennining the fairness of ten,-.inatio!! for

work
pt..·rfonrnmcc poor work perfonnance, thci,t the performance standard is not only
standards reasonable but is also known to the employees.
(iv) Poor work p erfnrma1?,:::!
Fairnes s
of the
17 .--( 1) Any employer, arbitrator or judge v1ho determines whether a
re aso n termination for poor work performance is fair shall consider-
~ C
- - ·.. ·,.. ,:.,= ,:. :.;: .. >, ·_ .;.:..-.:~s~--=~;,r!.;·i'~--_;..:_.·,_.~./ i :.. ;,.: :\.; '-.: .. :,.. ,;:,~.,. ~'.)'{/t·
------'- '---~--- -------:. .:.::.:.:..:__ .>-}\; '-: ,.: :s ·I }~: ::;:;:t'~lifi~~.r ;,J1.JefJSU~·r.-t·~~;ilt:!i'Yt~5ji{J;. fJ~1b:l'IJt%j)!.
. . · .' ,·,. ·:-: ·:;: . ; -~ ~·, £f~i;f;.,'.,_p,·~ut$~f:~;:H?·}_::1 :;~b-'·; ,. '.! ,,1 ,:H.::-~ :'/:;: ·J·';,\:;·,.":/ii:tt;.12i1tr~. 1
···- - "'·..~··~-·-·--- ..... _

------·..·-··-Employment and L'lbour Relations (Code of Good Practice)
. _____ .. _.._._._._. .,_ ........ . . . .. .,.. , ..,. ......_. ~ ,.
G.N No. 42 (contd.)
l ,..
(a) ;;,vh.cther or r1ot the '
r::r1r,~r)·y"'Ce
-, • A.\ t" ,.
r
.. ..., ~-~1
.'
.,_,._.~- r.i f:-r
>J'- tr, ffit~~t
, _ a penormance
<;t.-,,-.d,.,rrl·
,·W..!l CJ.a-.);. ,
(b) \\'h,tl 1,:.,· thr c:mr/ny,.,..,''. 'J:J,:;; 2.v,;:1 n:::_ or coul.d. n:-asonably be
expected to have been av.are, of the required performance
standard;
(c) vvhether the performance standards are reasonable;
(d) 1:h" rc::isons why the crnpl0ycc fr-tiled to meet the standard;
a.11.d
.
( e) whether the employee was afforded a fa~r opportunity to meet

1J1~ performance r.;tandard.
(2) Altl:01.igH the cmployC'.-t has the managerial prerogative to set

nc,1·f·01·rnanc<'
.~., .1,., .:; . . ,:.:i. . 11(1·'.l '"'j"" •·he
.... .1 ., .,. . ,.: at· ,a L • t.J. .. ~tand,:,
s.::Jo~·~
....... }. •· .• rrlc sh~ il not 'op unrt'a sonable
!~~· \I 11 ., . .. ~(..;;.:iu ,.:": ...A1 !l3 .~i < ; . ....~ - .1'!..1 "1' •
(l.: ') p'roorr· or£.' poor '(VlJfK' pc_

'
rrn.rrn.rrr.cc:
"
1s
•
a questwn
•
of 1act
C'
to be
dctcm1mc . d on a h. ,alancc
' .{' prob,a._it1t1es.
01: h'l ' .
,,..
l.8 . -(1) The em.ployen-;lwJl invcst~gate the reasons for unsatisfactory Fairness
.
per f:ormancc ..,.,., . h 'l l ' i.. • . '
i nm si alJ rcvea, trlc extent to w)ucn 1s cause
d by t he of the
procedure
crnp~oyee.
(2) 111c employer shall give appropriate guidance, j,nstn1ction or training,

if
- ~ nernc,;,'.')rv
.. ....,, ..•,.h)(A, .I"' ....tp •:in
..... ,.,,..~. i'Tn,ll')\.'l'f':
.
= ' 1'.!- : f_ ,·- · }y.Jo· - 0
. t -·· v ·. t1\.•1 S. V ,..... .;.1.~11. ,. .. - ~:..-.5.1\.:, thi=•
tc~nn1'nr:lt;.-,fr 2mplOj'ee
.. ~ ... v ,,..,.~ .. J. .
Dor
/
poor
1
"/O'"k
V1 ,.•J• ner+·o1·m,.
!."'' .,,., .t ~ nre A , (:.,.._.,., ._. <w' •
.., ·
(. :'}
,,.,,
1. ..
•
1c cmp.:i.oyer; • 11 h
)ti.a!\ ... c grvcn ·
a reasonao,e ' i .
timf.: .
to 1mprovc. For
the puqY)S•:. C)t!his sub ,.mk, Zl. reasonable time shall depend on the nature
'-- tl 1C ex·t er.
01.i: ·t·}lC .IOU, . ,t.......
,_r ,l,:·,e,,. . l.,:.... c...,
> . ""•'. .!~p,~i~~ .~t h,
:·;,;,-;.1.v!1TI.o.J,Gt;, .:,,.a, ... s. Ot~th e em
Ip loyee, r ·, '
lcn.gth of ~-:(~rv.icc. the: cmrlr:)'~C '~ past pcrfornmnc.:e record.
(~) Where the employee continues to perform uns8.tisfactorily, the

~.mp.toyer ;:;lrnJI warn the <;;mrls1ycr: tha.~ r mrloy;-t1,:::nt .may be tenninated
i ( there ir-; n,) !mpwvr~meni .
.
..
{. :·,. )
\ I
\
.' . .ll Ol)J')():t1m1t'V iJ) 1f11 1,Yi<:',~-', ; i'i1.~V I}(; 0.1S'0f:;11SCG
•· - t.
W itn 1 · -
.
.,
' ,. ' . ' .f
(a) the employee is a manager or senior employee whose

knowledge and experience qualify him to judge whether he is
meeting the standards set by the employer;
(b) the degree of professional skill that is required is so high that

the potential consequences of the smallest departure from
that high standard are so serious that even an isolated instance
of failure to meet the standard may justify termination.
(6) Prior to finalising a decision to terminate the employment of an

employee for poor work performance, the employer shall call a meeting
with the employee, who shall be allowed to have a fellow employee or
trade union representative present to provide assistance.
(7) At the meeting, the employer shall outline reasons for action to be
~aken and allow the employee and/or the representative to make
representations, ~efore finalising a decision .
(8) The employer shall consider any representations made and, if

these are not a~cepted, explain why. ·
.~ ..
~
(9) The outcome of the meeting shall be communicated to the employee

in writing, with brief reasons .
(v) Ill health or injury
Fa i rn t: ss l 9 -( l) An employer who is considering to terminate an employee

or tht:
on grounds of ill health or injury shall take info account the ·following
rt:aso 11
factors to determine the fairness of the reason in the circumstances -
(a) the cause of the incapacity:
(b) the degree of the incapacity;
( c) the temporary or permanent nature of the incapacity;
(d) the ability to accommodate the incapacity ;
(e) the existence of any compensation or pension.

j..· ; .,__.. · - - · · - -- ~ · - · · ).:Y1Jli,
Employment and Labour Rejations (Code of Good Practic_...;.e)_ _ __

G.N. N o. 42 (contd.)
(2) Where an employee is injured at \vork or is incapacitated by a

work-related illness (the cause), an empioyer shall go to greater lengths
to accommodate the employee (the ability to accommodate).
(3) The employer shall be guided by ar1 opinion of a registered medical.

practitioner, in determining the cause and degree of any incapacity and
whether it is of a temporary or permanent nature.
(4) Where an employee is temporarily unable to work, the empioyer

shall investigate the extent of the incapacity or the injury.
(5) \Vhere the employee is likely to be absent for -a tim.e that is

unreasonably long in the circumstances, thr: employer shall investigate
possible ways to accommodate the employee or to cons!der all possible
alternatives short of termination.
·J
(1
(6) Possible alt'ernatives short of terminatiorrshall indu.de-

(a) temporary replacement;
(b) light duty;
( c) alternative work;-~,
(d) early retirement;
( e) pens10n; or
(f) any other acceptable alternative.

'
(7) The factors that mav. be relevant in this investii;2ation
,, indude-
\a ) ·t'H':
I L~ n •• aLure
t, 01c ti, ,., _1:0.b
-1,.,, .... ,·
(b) the period of absence;
( c,• ) 1- he
L_
.
c .ca ~ .. ~ 'f "lf'n
;)\.,11\_,, •.., . . u; : ,; \)1" t h..., 1·11 nf".<:.
::i. ., . , ,.... P ." l. r an d
... ~s or 1,~ury,
·,,., ·• (d) the 1~r;ossibil.itv.~ of sccmin;:>;\..,, a temn-,..,orar\ renlacement
.\ or ada oti.Jw... )
~
1
1
the job.
(8) Where the cause of the incapacity is due to alcoholi sm or.,dn1g I

' I
abuse, counse lling and rehabilitation may be appropriate steps for an I: Il
' ' I
employer to consider.
~ -t~
G.N 1':'o. 42 (contd.)
(9) \,./here the employee is pem1anentl:/ incapacitated, the employer

shall ascertain the possibility of securing alternative emplo:vment for the
employee or adapting the duties or work circumstances of the employee
to accommodate the employee ·s disability.
( 10) Where the employee is incapacitated to a limited degree, the

employer shall consider-
· (a) removing those duties the employee cannot perform and if

possible adding less onerous tasks; or
(b) adapting the work environment to accommodate the disability.
(l l) The general test is whether in a particular case the employer- ·

can reasonably be expected to accommodate the employee's disability,
having regard to -
(a) the cost. practicality and convenience of such steps ; and

d
,I
1
(b) the cause of the employ'ee 's incapacity (there is a more
onerous duty on an employer \vhere the incapacity arose out
of a ,, ork-related injury or illness).
( 12).WhcrC:, 1t--1s established that the employee 's work cir'cumstat1Ce8

or duties ca1111~t reasonably be adapted to accommodate the disability,
'
the cmplo~'er shall consider the availability of any suitable alternative
work.
( I 3) Suitable alternative work will depend on the circumstances, and

ma\" include such factors as -
- '
(a) whether the incapacity was due to a work-related iiiness or

111.JUry;
(b) the employee's experience and qualification;
(c) the employee·s ability to adapt to a changed working

environment.
( 14) Where there is a vacancy which the employee could fill with
training , such vacancy shall be offered to the employee.
20 .
20.-( I) No employment shall be terminated merely on the basis of HIV/AIDS

Status
HIV/AIDS statu s.
(2) HIVI AIDS infected employees shall continue to work under normal
conditions in their current employment for as long as they are medically
fit to do so .
(3) Where HIVI AIDS infected employee cannot continue with normal
employment because of HIVI AIDS related illness, the employer shall
endeavour to find alternative employment without prejudice to that
employee's benefits .
( 4) When an employee becomes too ill to continue in employment,

the provisions of this rule or any collective___agreement __ deahng_with
incapacity on groun?s of ill health shall be applied.
,,
'
21 .-( 1) The employer-shall investigate an employee's incapacity due Fairness

of the
to ill-health or injury. procedure
(2) The employee shall be consulted in the process of.the investigation

and shall be advised of all the'·a ltematives considered .
(3) The employer shafi' consider the alternatives advanced by the

employee and, if not accepted, give reasons .
( 4) The employee is entitled to be represented by a trade union

representative or fellow employee in the consultations . .1
(5) Prior to decision to terminate the employment of an employee for

ill-health or injury, the employer shall call a meeting with the employee,
who shall be allowed to have a fellow employee or trade union
representative present to provide assistance .
(6) The employer shall outline reasons for action to be taken and
allow the employee and/or the representative to make representations,
before finalising a decision .
(7) The employer shall consider any representations made and,. if

thes e are no t a cce·pted, explain why.
Employment and Labour Reiations (Code of Good Practice)
(8) The outcom.e of the meeting shall be communicated to the employee

i" ,vritimr with b,...ief --<--
_1 ~ .1 r.=> '<SOJ"'
l_t? • .&.I. 1.c. _ _l..'.).
(vi) Incompatibility
l11,:orn;,:'. :i
-( l i:. : , •-:t:;dtry constitutes a fair reason for termination . There
"b ,.
Ii 111ty :-.·--e,
.
,, ·.· , h ;r:· ,:• .
· ., , · ·,I.,_; , . :. ~
·-t ·.I ~·,, ...•.,.,!.,
•• :
. ~_.· 'P"1;'o i]1··ty·-
U . 1.J. A •
:.~. } _;p·' ,:. • -

;r:(,J,Jii' ' of the emplovee to his work due to his character
. - ~ · 4 ,J
,_; ·' ;_;.l :~JJ{.: ::,!: t )C.i :·1
{h ,·
-. ~ . nc·r·,'(•,
1' .1,.,. ·q ·:1..,..\..r l;'oi1'ih:
,,•\J . . .. t!'.;~ ".a.4.] o+! tl1·' .... rr·,nlo\/f-'»
\v V . .l,t' .J VV ;r,
L,l l11's ,vor'.k '"'"'"J'ronment
. -...,1,..y . 1'n
that he relates b~dly with follmv empioyees, clients or other

persons who important to the business. are
(2). Incompatib-ility is treated in a similar way to incapacity for poor
~~
'\\ ork performance.
'
. {3) ·n1~
steps required as set out in rule l 8 of these Rules are applicable,
read with changes re.quired by the context. In particular, the employer
shail - ··
(a) record the incidents of incmnpatibility that gave rise to

concrete problems or disruption;
(b) warn and counsel the emplovee before termination. This

shouid include advising the employee of unacceptable conduct;
who has been adversely affect~d by that conduct; and what
remedial action is proposed .
( 4) Before terminating employment on this ground, the employer

shall give the employee a fair opportunity to-
(a) consider and reply to the allegation of incompatibility;
(b) remove the cause for <;l~shannony; or
l\'-~·
r- 1
\ p:1·c1r-0,··,>
. rln <...t
~!J 0\..,c..1 ,, /·t· ,,-.~ C> 'Ll. '!('
.__11u ., . "t···,
\.. term1' •1at1'on
1 .
22
·. i,J:ct+fiftit\':;:: / tt~{i;Bi
Employmenr and Labour Relations (Code of Good Pracfice)

GN. No. 42 (contd.)
(b) On-:R.\TIO '-: REQURE\-IENTS
23 .-( l) A tem1ination for operational requirements (commonly knO\vn Orxrational

as retrenchment) means a tcm1ination of employment arising from the rc:qui.rem..,its
operational requirements of the business. An operational requirement is
defined in the Act as ::i requirement based on the economic, technologicaL
structural or similar needs of the employer.
(2) As a general rule the circumstances that might legitirnatcl:,,,· fom1

the basis of a tem1ination arc -
(a) economic needs that relate to· the financial management of

the enterprise:
(b) technological . needs that refer to the introduction of new

technology which affects \\:ork relationships either by making
cxisting :(obs redundant or by requiring employees to adapt to !'
the ne,Y technology or a consequential restru.cturing of the
workplace:
( c) structural needs that arise from restructuring of the business

as a result of a num,,ber of business related _.causes such as
the merger of b_µ sinesscs, a change in the nature of .the
business. more.,.effective ways of working, a transfer of the
business or part of the business.
(3) The courts shall scrut1111zc a tcnrnnat1on based on operational

requirements carefully in order to ensure that the employer has considered
all possible alternatives to termin-i:1tion before the tem1ination is effected.
(4) The ob ligations placed on an employer are both procedural and

substantive. The purpose of the consultation required by Section 38 of
the Act is to pem1it the parties, in the forn1 of a joint problem-solving
exercise, to reach agreement on -
(a) the reasons for the intended retrenclunent (i .e the need to

·:-\·., retrench):
(b) am· measures to avoid or minimise th e intended retrenchment

such as transfer to other Jobs . early retirement, voluntary
retrenchment packages, lay off etc
') 1
Emplovment and
.- I • v;:
r aboz ·v
.;.___J- {1
Refotjr·,ns fCntf._. 1I c,)s;;/
., v.; •. .._,,. -
Pr:i ·-·t·r-·P;\·•.K
L,;;.A _ ,.. , ,,_~::..
... - - - ~ -~ ...: : : ~ _.::-;. ,11.. l ...... -....
( c) cr1tcr1a :for sciectii13 the errq:d.o).r ccs for tcrrnir,ati(Jr1~ such as

. ·Lp- ,,
~ L... ' , . 1 ••
1~«t-1r1 - r· ' \""·!·_q,,t I ll' ' I\
~ .. , ., _ l .. .:Jl \.,U \ . '-·'_J')
. ~ li1 ,1·~ci·
,J
t n t' n r>V
\.. !,Jr,. 1-V
----
rJ " 'f':--i /·u-,
1..- '>-...t ...,V
•
rr>+L,11-1"'
- v \.4
Kl"y' ]'"bS '
'- J. ,.v .. - \ ..,
exper ience or sp ecial s k d 1s , affinn~ti vc action and

qualifications.
(d) the timing of the rctrcncb.111cn-1::;
( e) severance pay and other coaciitions (in vvi1tcii terminations

tal"-'- r,ce·
r c, r!,-) ilC. ·
'->nr'
, UJ.,U
· (f) steps to avoid the adverse dfocts of the; tenninctt ions such as
time off to seek work.
·-·-· ·'P. t
(5) Tl1e requ11eru...,TI \/, -1 ll<,.,u
·· -.h ·l. :,
lilt, •· " ) t' '1· r <•"'
c;1Le ·<
--, ,.; .. ,,., ....t\
.0)_.,.L_.A..., ......r !:ljUd\_;U --1 ,lt . . .... 'r·
O ....uw1C1e LV
under subsection (1) of section 38.
( 6) . In order for it to be effective, the consu1tatio:n process shall

,i commence as soon aB the employer coni.,xnplatcs .1 n:.:dudion of the
·workforce through ret renchment so that possibk: ~'iltcmativcs can be
explored. The process shall allow the union to-
(a) meet and report to employees~
(b),. meet with the cmpioycr~ ;:ind
~- ( c) request, receive a.i1d consider a H the rekvant inforrnarion to

enable the trade union to inform ir-,df of the n:~lcv:int facts
for the purpose of reaching agn.:;crncnt \vitl: rh.; employer on
possible alternative solutions.
(7) The more urgent the nct:d by the bu~rncss 1.0 ri..:spond to the
factors giving rise to a ny contemplated ternunan0n of t..tli 1;h:,yrntnt, the
more truncated the consultation process n:1c1v L>c Liu·, ,:nc., mav noi., - .,I • , •• · ,, ~·
however, be induced bv the faiiurc w c onm1.c:n,::(; 1l;,_; ur1:::,,:;,~:,;~ 2iS :.;oon as

' -
a reduction of the workforce was likely. (ii'J lk. ·~HrhX J,;1rn:i th--: parties
who are requi red to reac h an:rcc1ricrtt '; l1d J 1·11(.·.~-c,
frequently, as may be pract icable durin~ Uh.: p ru1;1,.:f,:.·..
~- :::, ::,,:, 0n cind ;:ii;
(8) Secti on 38 (2) of the Act provide:, Lhat if nu ::it~n.;trfLuL l:., T(\1chcd
bet\veen the partic:::_ the ff1<.11tcr :;ll;;dl be rcicrred to n-,cdiati.:.)n bv tk
LLJ
_ __; ____ ·- _________ -· · .__:_..; __ ___ ....:.....:....:~
:.......__
-.'
.,
Employment and Lobour Hefoliun.Y (Code of Good Practice)

----· ---- -- -··-··· ·-·-----·--- -·--·-··· ·---·· ------
G. N. No . .:/2 (contd)
Cornmission for Mediation and /'.:. rbi tration. An agreement reached

betv.:ccn the employer and <i track union recognised as the exclusive
barn:airiinP
·- ::;;, agent.
.... ..., . is bindi1w r . ccs \rithin the bargaininf!,
._; on air cmn!u, ._., .._ Lmit in
ie nns of Section 71 (3)(c) of the Act.
(9) The employer may not implement the rctrcnchrne:nt wtthin 30

jays of the referral to mediation, unless otiu:.n\i sc: agreed between the
,:::artics. Once this period has passed , ihc c:mplo_v u may proceed \vith
:he retrenchment unilateraily. Tli'e fairness of the employer ·s Jctions
nav be disvuted alld referr-ed to arbitration, one.A..: the mediation fails .
... J, • •
\ --~--...,
24. -( 1) Whei'e one or iTwrc employees are to be selected for \Seiection \

v11cria \
:cnnination from a number of employtcs, the criteria for thC;ir selection \ /
::ha.ii bt~agreed with the trade union. If criteria are not ag red, the criteria
~; 0
. "
...._,_____ ,., ...,. /
.lSCd by the employer• •J
shaJJ be fair and ObJ·ectivc.
. . ~I
. l
t
(2) Criteria that infringe a right protected by the Act when they are
1pp!icd can never be fair. These include sckction on the basis of union
·ncrnbership or activity, pregnancy or...othGr discrirnmatory grounds.
· (3) Selection criteria that arc ·.gcr:icrally accepted as fair include length
)f service, the need to retain key jobs, experience or skilis,,affirrnative
1etion and qualifications. ":
··-·-._._-....~.
25 .-- ( l) Retrenched employees shall be gi vcn preference if the I Preference
I
•
\. in re-
:rnployer rc ,-hires employees with cornparabk qualifications, subject to 11.iiring
he follmvir1P.·: - /
·-·
(a) the employee having expressed within a reasonable time from tf,
the date of termination, a des ire to be re-hi red; and
(b) a time limit on p1eforcntial re-hiring shall also ideally form the
subi cct of agreement between the cmolover and the union .
•J ....... 1 ,·
( ,:-,. }
\
Whcr.: .' the above conditions are rne:t. th e c.n1piovcr shall take
casonabk : ;tqJ'.) to inform the employ:.;(> includ mg notification to the
c.prcsc:ntat iv-:.: ii' ,,cl,:: union, uf th e offer of rc-crnpl o vmcnl
•..
- --- - --- - - -

G// No. 42 (contd)
(c) SEVERr'\NCE PAY
Severance 26 .-( 1) When an employment contract terminates, the employer shall

pay
pay the employee severance pay at least equal to 7 days basic wage for
each completed year of continuous service with that employer, up to a
maximum of 10 years.
(2) The employer is not required '~o pay severance pay if the
employment is terminated-
(a) before the completion of the first year of employment;
(b) fairly on grounds of misconduct ;
( c) oi:i-··gio"iirids···· o r incapacity; incompatibility or operational

requirements and the employee unreasonably refuses to
accept alternative work with the employer or alternative
employment with any other employer.
~~;
(3) What constitutes an "unreasonable refusal" in sub-rule 2(c) above

will depend on the circumstances of each case.
( d) SUSPENSION
,...
Su sr.:-nsion 2 7. -( I ) 'wl1crc there are serious al legations of misconduct or incapacity,

an empl~ycr may suspend an employee on fu II remuneration whilst the
allegations arc investigated and pending further action .
(2) The employee suspended shall be given a ,nittcn letter of

suspension, setting out the reason for the s uspen,sion and a ny tenns of
the suspension .
(3) The reasons for suspension arc the follm,ing-
(a) the employee 's pre sence at ,vork may o bstruct the
investigation: and/or
(b) the employee's ongoing performance of work duties)1fay·

present a problem ,,·hilst the investigation takes place;
26
<:· ,. ·.. -•..
---- ---
.--:-.:.:~
>·,
(f
·11 ~. /
,,..,(..S l •/\/
#_ /""---. ' c "
I
A C VC CA'Tf \
"' ·.1.\ \
,- \ ,.
Employment ond Labour Reiotions (Code of Good F'rqp;de; 0 ' "'"!Pust c); ·11
G~N~J.~°-(2M
c (?8fitcfo)l ) " } 1
o-I- ,OROA/.H)P' ,;:- 'V

' . ! ' . . " ;: --- ,.,--r-,.
( 4) 1 he penod of suspen s ion must be reasonaole _ taiong int.'~'5"9: Dr. Rt."",,
consideration hmv long the investigation and the decision on any further~ . ; . , "
action may take.
(5) Notwithstanding the provision of section 35 of the Act, an employee

charged with a criminal offence may be suspended on full remuneration
pending a final determination by a court and any appeal thereto, on that
charge.
PART III
\A/ ORl--:PL.\CF D1sCR!\ ll \: ..\TlO:~
.
28 .- ( 1) SubJect to section . o_f t h.i1s p art o f
. 7( I) o f t I1e Act. t ]1c ob._1ect1ve Elimination
of
these Rules is to eliminate discrimination at the workplace and promote Discrimi-
1011
equality of opportunit~· and treatment in employment. nar
(2) This . Pa11 shai~I guide employers in developing register plans as

provided under the Act.
29 .-(1) Employer shall not directly or indirectly, discriminate any Prohibition

of
employee in any ernplonnent uol ic\; or nracticc.
• ... J. ., .;. Discrimi-
nation
- ,.
(2) Discrimination may indi.1de but not be limited to the hst of factors
stated under Section 7 (4) -0f the Act.
(3) Harassment of an employee. \Yhcther of a sexual nature or

otherwise, constitutes a fom1 of discrimination.
I
( 4) Not every differentiation based on one of the listed grounds under

Section 7(4) ofthe Act constitutes discrimination. It is not discrih1inatory
to -
(a) take affinm1tive action measures consistent with the promotion

of equality or the elimination of discrimination in the workplace~
(b) distinguish , exclude or prefer any person on the basis of an

inherent requirement of the job:
(c) employ citizens in accordance \\ith the Nationai Employment Cnp .24 J
Promotion Servi ces Act.
27
Developing 30.-(1) Every employer shall be required to develop and publish at

a Plan
the workplace its plan to prevent discrimination and to promote equal
opportunity in employment .
(2) \Vhere there is a recognised trade union in the workplace, the

employee shall consult the union in developing the plan and, if possible,
incorporate the plan in a collective agreement.
(3) Where there is no recognised trade union in the workplace, the

employer shall invite representatives of the employees to participate in
developing p Ian.
(4) The plan shall take into account, all employees entitled to equal
....opportunity and equal treatment. subject to an assessment of their abilities
in relation to the cmployer ·s or_sranisational needs .
•
~i'
1 (5) The plan shall address each of the employment policies or practices
described under paragraph (c) of Section 7 (9) of the Act, and contain
plans to eliminate any discrimination under each item as follow-
(a) with regard to recruitment procedures, advertising and

selection criteria, an employer may direct that interview panels
as far as possible comprise men and women, job adverts
highlight any affim1ative action policies in existence, or that
selection criteria be audited to ensure they strictly relate to
the inherent requirements of a job;
(b) "·ith regard to appointments anp the appointment process, an

employer may direct that pref~rence in selection be given to
suitably qualified candidates from previously disadvantaged
groups. These groups include, but are not limited to, women
and people with physical and/or mental disabilities;
( c) with regard to job classification and grading, remuneration,

employment benefits and tem1s and conditions of employment,
the employer may require an audh'fo ensure these relate strictly
to objective criteria, such as the inherent job requirements;
28
< ·.· .. .' ·~:~:}R11;/J1!Y ,'' /1:;J ; ;2?,,b".'.f~:i,~ii:~&¥~
·-·---·- --- ··-~~i~:.:~.:.:-.:..< '." ·--- ·-
'\

(d) with regard tQ the working environment and facilities, the

employer may audit that these are non discriminatory that
employees with disabilities are not disadvantaged;
( e) with regard to job assignments, training and development,

performance evaluation systems, promotions and tran~fers,
the employer may take steps to ensure these opportunities
ar~ determined objectively, without discriminating against any
grourss·-or-cl~s~es of employees; and
(f) with · regard to demotion, termination of employment and

disciplinary measures, the employer may audit that these are
based on fair and objecti~~-~E.i.~~~.i.c:t_: ···· ··--· ····- · ·- . ..... ...... .
( 6) Coll_e ctive agreements shall not contain prov1s10ns which

discriminate against employees in respect of any of the grounds specified
under section 7(4) of the Act.
(7) Employers' association and t~ade unions may no.t discriminate in

the adthission or retention of ~~rllbership or in conducting their affairs .
(8) The employer shalt establish a committee, or task an existing

committee, to promote the application of the employment discrimination
plan in the workplace, including-
(a) taking all practical measures to foster and communic;;i.te

understanding and acceptance of the principle of non-
.
discrimination and to promote equality among employees; and
(b) investigating complaints that the plan is not being observed

and~ if necessary, making recommendations or decisions about
the manner in which discriminatory practices may be
corrected.
(9) Application of the plan shall not adversely affect special measures
designed to meet the particular requirements of employees who, for
reasons such as age, sex, race, disability or marital status, require specis.11
protection or assistance .
____E_m_p_l_o:Y.!'3!!!!_?_!}.d ~?._bo~q_!.!,c!,s (Code of Go()d Practice)
C.N. No. 42 (contd.)
Direct 'j"' l . - I\ ,] )' T11is Rule aims to eli minate both direct and indin:l'I
and
Indirect discrimination.
Discrirni-
nat ion
(2) Direct discrimination occurs where an employee is treated
prejudicially on the listed grounds referred to in Rule 30.
(3) Indirect discrimination occurs where a requirement or condition.

which on the face of it, aopears
, - to be neutral, has the effect ol
discriminating against a person or category or persons on the ground:-:
listed in Rule 30.
Employer 32.-( l) 1t _is primarily the employer's responsibility to en.sure that then·
Responsi-
bilities is equal opportunity in the ,vork place.
(2) The err1ployer shall adopt, communicate, implement, monitor and

•)
~i' periodically review policies to eliminate discrimination.
1
Advertising
33 .-( 1) An empioyer shall not unfairly limit advertisements fo1
employment to areas or publications which may exclude o ,
disproportionately reduce the number of applicants on the grounds referred
to in rule JO.
(2) An employer shall as far as possible avoid being too prescriptiw

in the advertised requirements for a job, unless the prescriptions an:
genuinely required for the position.
(3) .An emp loyer using recru itment agencies shall take all reasonabk
...,c:tPr,
" r's. . +cO ·r::n ,;_• ·1· .. ,,. ~-i.,.,..... t ;.~
. ,,-t._ , LJ.! V d i d , \ ,..,J).._;,.,·er.• ...;.n ,-.,.,. r·: , ""'1 1-., •r~ · , -:-. + 1 PC':,.
~·.s,.- ,1...1e., :i -J L,S\.,f!Oe tO ...l.,1-,, j
i\.J es.
..-,L f~)
Selection
34.-(1) Selection criteria and tests shali be analysed from time
time to ensure that they genuinely relate to the job requirements and cl(I
not directly or indirectly discriminate against candidates.
(2) Where reasonably possible, the short-listing and interviewing o(

applicants shall not be done by only one person, and shail also be checked
by someone at a more senior level .
'2 {\
(3) Persons responsible for short-listing, interview and selection

of candidates shall be given guidance or training on the proper application
of the principle of equal opportunity in selection and the dangers of indirect
discrimination.
35 .-(1) Every employer si1all ensure that criteria for selecting Training
employees for training, whet~er for induction, promotion or skill training
are not discriminatory.
(2) Every employer shall examine its policies periodically to avoid

indirect discrimination .
36.-(1) Every employer shall ,msure that the assessment criteria do Petformance
reviews ·
not disc-riminate:indirectly:···
•1
(2) Every ernploye r shall ensure that those responsible for conducting
pe~ormance review evaluations do not discriminate.
,:
Employee •
3 7 .-( 1) Every employee, in carrying out employment functions, shall
Responsic ·
not discriminate and shall take acti9n to prevent any discrimination they bilities
:;ome across in the workplace. ··. ·
(2) In order to promote"" a non-discriminatory work environment,

:mployees shall -
(a) comply with the plan's measures to avoid discrimination;

I
/
(b) notify the employer or the recognised trade union of any

suspected discriminatory conduct; and !
(c) refrain from harassing or victimising employees .
38 .-(1) Trade union officials and representatives play important roles Tra de
Union
1 behalf of their members in preventing discrimination and in promoting
Responsi -
·ual opportunity and good employment relations . biliti es
(2) Trade unions shall not discriminate by unfairly refusing membership

offering membership or offering less favourable terms of membership
any discrim ,1atory grounds such as those referred to in Section 7(4)
the -Act .
Employ me1:!__?.__l'!_!-!.__{,abo11r !~:lat_t_<:._~!-~ (<;?~~ _?-( GoCJ_q__ tr_~~t,_c_e ( ___ _
G.N. No. 42 (contd .I
(J) Trd_d,: unions shall a.ccept that d1scnrni naton · <:onduct by the ··
members may be treated as a disciplinary offence by employers .
14' T · · l-, 'l ·, · · , · ,. ,.. ~ . .

\ ,1 1 radc urnon5 s,,ial! provioe tramm.g ana mt0n::1Jt10!1 rnr orr1<:T~! ·:
and representatives on their responsibilities for equal opportunity, a:uJ
must co-operate in developing, implementing a.i.1d monitoring pl;;u1s to
t-liminate discrimination and promote equality.
PART iV
STRiI<.f:-; AND LOCKOU1 S
·Role of 39. - ( l ) The-role of strike;s arid lockouts in coHcctive bargaming J' ,

strike s
and the core for employer ~nd employees is to resolve matters of mut11,oJ. I
lockouts interest themselves without outside interference .
In
collective
(2) Althou gh a measure of last resort, strik es and lockouts arc form ·:
bar.g aining
ti
T
of lawfully sanctioned econon1iG pressure in order to resolve disputes q (·
, interest betweF.; n employer<: ?.nd their employees_ A strike and a lockout
arc temporary applications of pressure in the collective bargaining proo.:sc;
Their purposP. i.s not to 1mnr:ccssarily damage the organisation
Obj o oti ,,, o 40 .--( l) 11K l.'.lbj cd uf d .'> t i ik 1t UI lul,k.uut i!) LU !:it;;Llit; d ui~pULt; ~Hid :d!/d /
come to an end if th e cl!c:piite that gave rise to it is settled.
(2) 'fhc dispute may be -:cttlcd by an agreed compromisi;; or a return

0
to work. An agreed conipromise nonnally shall take the forrn of •

collccfr1,:" a~rc<.~rn~nt
Matters 41 .-( l) T11c ::;ubject n1_uu~r 0f a tav,,ful strike or lockout is Lm1t1:,r.-! (n

,
d1sputes o f_ mtcrc::~1 oni•v, ::i 'J~no1-1gn 1t 1s not norm a ll y pcnmsS10f
•
in respect I l ; to :)T' c<: 1
' , , "l l
of which
a strike or or Iocko1_1t in rc"Df.<::.t
:
ofcl: '._:!}utes
. of interest in an essential service . i 'h0'..? 1
'
lockout is disputes a.n:-: rck 1 :'?d tr) cn,nrulsory arbitration, if mediation fai !?
permissible
(2) Subject to :;ub· n.1\c ( 1) . a. dispute ofiPt crcst 011 the other hand: :; .1
di sn,. ut~ 0vcr a lahour mr1ttcr in rc s:::ir:'.ct of "vhir,h a. n cmoloycc doc':'. r:n:
' J •
11a . ,C an Pnforr-c~h,.,
( \. •• •. \.-11.J
Je,-,,::.
:..J · -- L,-..
.
I r;n
',,./
hf . ., ,.,d ~h-· vu•t-'1V
'{:J •• · .....,,.,
l, 1 >
1--- ---, : . •-,-: ,__ ·.--, ·.,,· :-··d·, ·J1r; /\
~Y V\., 1:) ll)J 1g lv l 11..., ~
0 ·- -
1.. .. , .. ... .... .: ...•.
that right ~y gettirg J,G,c,:m ;.;;nt from the empl oyer.
(3) .For th e purpn',r-: cf t };i,::: Part , a comriaint is defined as a. ck)~n,i,

arising from· th e application , interpretation or 1mplemcntatinr1. cit· ,1 , ,
1')
-
-- - - -- ·-- - - - -
-· - -- -----r -·
I
I
Employment and Labour Re!C1tion!i (Code of Good Practice)

nent or contract with an employee, a collective agreement, a

:ion of the Act or any other Act administered by the Minister of
a dispute of right or a complaint concerns those labour matters
1all be decided by arbitration or the Labour Court :
,vided that , ,vhere an employer refuses to give the wage increase

1ded by the employee, a dispute over that refusal is a 9ispute of
,t and may only be resolved by an agreem~nt that may be induced
• resort to industrial action.
Dispute of interest may be:
(a) a dispute over a new colleGtive. agreement or the renewal

of an agreement:
(b) a dispute over what next" year 's wages are going to be;
~l
( c) a dispute over shorter working hours or higher overtime
rates; or
(d) a dispute over a new retrenchment procedure or

recruitment policy; ,··
Dispute of right or a complaint may be. the-
(a) failure to pay an agreed ,vage;
(b) to failure to comply with a provision of an employment t

contract;
(c) breach of a collective agreement; or
(d) contravention of the Act.
Procedural
-(1 )' Nothing prevents a registered trade union on the one hand
require -
n employer or employers association on the other hand from ments for
1ding a collective agreement providing for a,n agreed procedure for a lawful
strike or·
ul strike or lockout. In such a case the procedure in the collective locko.µt
nent shall be followed .
33
- - .,._
- - - +- --- - - - - --

(2) Subject to sub-rule (I), Sections 80 and 82 of the Act contemplate

the procedure outlined hereunder in sub-rules (3) to (14) of this rule,
before an employer may embark on a lawful lockout or employees may
'---- embark on a lawful strike:
(3) The dispute shall be referred to the Commission for Mediation

and Arbitration. The Commission shall appoint a mediator who shall
attempt to resolve the dispute through mediation within 30 days of the
referral .
( 4) Where the dispute is resolved, the mediator shall reduce the

settlement to ,vriting. The parties to the dispute shall sign the settlement
agreement .
···--······· .... ··-··--··················· ---·············-··········· ....
(5) Where the mediator at any stage issues a certificate that the dispute
is unresolved or the dispute remains unresolved for, more than 30 days, a
party may giv.e the required notice of its intention ito commence a strike
~.• or lockout
".
.
in terms of the Act.
(6) The 30 days mediation period is calculated from the date that the
dispute is referred. The mediator may extend that period by a further 30
days if the party referring the dispute fails to attend the mediation meeting.
'
(7) Th(( mediator may shorten the 30 days period if the other party
fails to attend. Nothing prevents the parties to the dispute from agreeing
i
'I
be~een them to lengthen the period.
"
(8) Where the strike is called by a trade union, the union shall conduct
a ballot of its members being called out on strike. A trade union is only
permitted to call a strike if a majority. of those, who voted supported the
strike. ··
(9) The party initiating the action shall give at least 48 hours notice o[
the commencement of the strike or lockout to the other party. The notice
may be given only after the mediation period contemplated in sub-rule(6)
has expired.
( I 0) The mediator retains jurisdiction over the dispute until the dispute
is settled and must continue to try and settle the dispute by mediation
after the notice or during the strike or lockout.
34
I .
ll
~ .· ',;\_'.
-·~-----
·~
---···-·-·
l~f
~. .·-:-·~- -.-.--"~''.'.f
... ~.
____E_m_:;._p_loyment and Labour Relations (Code of Goo<!_~

( 11) Once a dispute has been referred and the procedural requirements
of Section 86 of the Act have been complied with, either party to the
dispute may commence industrial action, whereas, a trade union may
strike in respect of a dispute referred by the employer and an employer
may lockout in respect of a dispute referred by the employees, provided
they give the required notice referred to in sub-rule (8) .
(12) It is possible to have a strike and a lockout at the same time. If

the employees engage in q partial stoppage, the employer may institute a
lockout in response.
(13) The notice of commencement of the strike or lockout shall state

. the date an~ time of the strike or lo.ckout ...Ine._..o.b.j~c..tof.tJ1.~ notice to
strike is to ensure thqt
r,
the employer has the opportunity to shut down the·
business without urn'l.ecessary harm being done to it.
( 14) \\There the strike does not commence at the stated ti.me and date
or ~uspended and the employees return to' work, a fresh notice shall be
given. Th~ object of the notice Jo lockrn1t i:=, to r,nsmr. th r. r.mployr.f.'>
know in advance from when. they shall be prevented from working and
rn;:>t be paid_
""
(15) Where the intended strike or lockout is to be intermittent, the

notice of the conunencement of the strike or lockout shall include the
dates and times of each stoppage.
(16) Where a ·strike or lockout is a fresh notice shall be given if the

strike or lockout is resumed. That notice shall state the date and time of
the resumption of the strike.
43 .-( 1) \Vhere an interest dispute is not resolved at mediation, the ~ :.: ~

.r~s
r~g;;;11.t!ne
mediator shall try to get the parties to agree on rul es to regul ate the .,1.ne
conduct of the strike or the lockout. cirn du c,
of str ik,:~
an d
(2) The rules shall address the foilowing matters - loc k o ut
(a) the conduct of strike ballot;
(b) the notice of the commencement of the strike or locko ut;

Employment and Lobour Relations (Code of Good Practice)
G.N. No. 42 (conrdj
(c) places, times and conditions for strikers or locked out

employees to assemble on the premises during the strike or
lockout:
(d) appointment of representatives responsible for ensuring

compliance with the rules and their contact details;
(e) security of the employer's premises during the strike or

lockout;
(f) commitment to take steps to ensure compliance with the

provisions of the Act, this code and any agreed rules; and
--- ---{g) .mediation.duringthe strike or lockout in terms of Section 86(8)

.~ of the Act.
.,
H
(3) Even if the mediator doesn ' t assist the parties in trying to agree
these rules, the parties themselves shall attempt to agree on rules to
regulate the type of matters set out in sub-rule (2).
Procedure
I
for
44. -( t )" A secondary strike is a solidarity strike in support of other
I engaging employees who are on strike (called the primary strike) or who may be
in a subj ~~t to a lockout by their employer.
.I secondary
strike
ii (2) In terms of Section 81 of the Act, a second~ry strike is lawful if-
ii
!J
(a) it is in s upport of a lawful primary strike;
d,
,i
!
, (b) it opposes a lockout imposed by another employer against its

!
employees ;
l (c) the trade union has given 14 days notice of the commencement
of the strike;
(d) there is a relationship bct\\'een the secondary employer and

the primary employer: a nd
•
1,
1, ( e) the secondary strike is proportional.
!
II;
I/
., ,, "t . ;t.,,. 1?1,r~ft;?:i:r!'. ,., }.t\~;tliif· 1
'
'--
Employment and Labour ReLatzons (Code of Good Practice)

G .N. No. 42 (contd.)
(3) The secondary strike shall be lawfol if the primary strike is lawful.
[n order to be lawful, the primary strike shall comply with the provisions
Jf Section 80 of the Act.
(4) The lawfulness of a secondary strike does not depend on the

lawfulness of a lockout. A secondary strike may be called in respect of
both a lawful and an unlawful lockout.
(5) There shall be a relationship between the secondary employer

and the primary employer which may take a range of the following forms:
(a) the secondary employer may be a supplier or a client of the

·.primary employer;
(b) the employers may be in the same group of companies; or

•
LI
( c) the secondary employer may have shares in the primary

employer.
(6) The test in establishing a relationship is always the capacity of the

secondary employer to place p~e~sure on the primary employer. It is the
necessary pre-requisite for a~se§sing the proportionality of the secondary
strike.
(7) The secondary strike shall proportional taking into account two
factors :-
(a) the effect of the strike on the secondary employer; and /

/
(b) the possible effect that the secondary strike may have in
resolving the dispute giving rise to the primary strike or the i.
lockout.
(8) The trade union calling a secondary strike shall tailor the secondary
strike in such a v,:ay as to limit the hann to the secondary employer,
'{;;.:hile applying pressure on the primary employer.
45 .-( 1) Subject to section 83 (2) of the Act, protection agains t Termin ation
o f strikers
tem1ination does not extend to strike related misconduct such as violen~e, .
malicious damage to property.
17
Employment and Labour Relations (Code of Good P ractice)
G.:\'. .\'o. 42 (c o111dJ
(2) The ordinary Rules relating to termination of employment for

misconduct shall apply to an employee cha rged with this kind of
mi sconduct.
(3) It may be fair to terminate the employment of a striker engaged in

unlawful strike. The fairness of the termination depends on a number of
fa ctors provided under these Rules.
;,t)l c ur 46 .-( I) The -p olice shall apply any policy and guidelines on strikes and
th<!
p,>i;c: c
lockouts issued by the Minister responsible for public safety and security.
(2) As a general rule, police shall only intervene if there is a brea~h

of the peace or laVv·, particularly if there is a threat of violence or damage
to property.
(3) The police shall have no responsibilities of enforcing the Act or

orde rs of the Labour Court. Enforcement of a court order is a matter
1i for the courts and its officers, although the police may assist officers of
· the court in serving the order if there is a breach of the peace.
( 4) The police may arrest persons who engage in violent conduct 6r

are armed with dangerous weapons and take steps to protect the public,
if Lliey a; e..uf Llie view tllal Ll1e !:il!ik.e u1 lul,Jwul i!:, uut µeac.eful and is
likely to~i'~ad to violence. It shall not the function of the police to take any
view:of the merits of the dispute giving rise to the strike .
Role of
private
4 7 .-( l) Private security personnel may be employed to protect the
S C:.~C U ri t V property of the employer and to ensure the safety of people on the
pcrsonn.:i employer's premises.
(2) The private security personnel shall have no responsibility of

enforcing the Act or any order of the Labour Court .
(3) Enforcement of a court order is a ma tter for the courts and its
officers .
i.nfom1ation
4 8 .-( 1) The Minister shall ·ensure that-
and
education (a) copies of these Rules are accessible and available to all ,
especially the employees and employers to 'Yhom it applies;
and
38
. :~ ·~{·4 . ~.-,::-./:
--.·-.·~ .:._.,:.·:: , . {• :: . ;/.~:. :..;

(b) these Rules are known by, and available to, organs responsible
for enforcement of public order.
(2) Employers and employers' associations shall include the subject

of strikes and lockouts in their orientation, education and training
programmes of employees .
(3) Trade unions shall include these subjects in their education and
training programmes for shop stewards, officials and members.
PART V
COLLECTIVE BARGAINING
49.-( I) The purpose of these Rules, is to guide trade unions, employers A ppl y in g
and their associations on how to·-ex:ercise ·theirrights·-and·give effect to th e Rul es
their obligations to b? rgain collectively by -
~~
(a) suininarisirig the important provisions of the law; and
(b) providing guidelines on good practice.
(2) Employees, employers,. trade unions, employer's organisations,

mediators, arbitrators , assesscirs, Judges and officials in the Ministry on
interpreting or applying the law shall take the Rules into account.
(3) The provisions of these Rules do not impose any hard and fast
obligations on any party, the legal obligation may be to justify a departure
from the provisions of a Rule.
(4) A party may depart from these provisions if circumstances \\'arrant

it, but it have to justify the departure.
(5) Subject to sub-rule ( 4 ), justification for departure may be-
(a) the size of the employer, if employer with only one employee
would not be expected to enter into a recognition agrcemenc .
i i''•'
· :' ·..!.
(b) the nature or location of the employer ·s premises may justify
special rules in respect of organisational rights, there may
have to be special rules regulating trade union access \,·here
the employees reside on the premises: or ·
39
Employment anci,,_La_br.>,?tr_R_elations (C_ode__9.( Good Practice)
G..V. No. 42 (contd.)
(c) the nature of the employer's business there may have to be

special rules regulating trade union access to high security
ptemise-s such as a diamond mine.
(6) Resolution of labour disputes may be solved through negotiation

and collective bargaining.
(7) Collective bargaining may take place at one workplace or at a

number of workplaces, and may involve one employer, a number of
employers or an employers' association .
(8) A trade union that repre~ents the majority of employees is entitled

to be recognised as the exclusive bargaining agent.
(9) A collectjve agreement may determine the bargaining unit in a

manner that is different to the rules suggested in this Rule, but the
..flgreement may not do away the right ·to be recognised as the exclusive
'bargaining agent. .·
(a) REcoGNITION
Recognition 50 .-(I) ,...All employer or employer's association shall recognise a

ahd
objectives trade uni6rt as a collective bargaining agent of'its employees.
..,.
(2) A recognised trade union engages with the employer or employers"
association with th~ following objectives to -
(a) repres~nt employees in their dealings with their employer;
(b) negotiate and conclude collective agreements; and
(c) ptevent and resolve labour disputes .
(3) A bargaining unit or a recognised constituency may be restricted

to the trade union's members or it may be for specific categories of
employees with similar economic or business interests, in which employees
with similar agree on an appropriate bargaining unit .
(4) It is only trade union entitled to represent the emp)oyees in the

bargaining and where if two unions together represent the majority of
40
\1-':s.:: -~ .) r:{··:~:-, )~jt
•• ··- ·;.~,;;.._;;,.i-;·,l' ;; ~ ......,....... _ .
,,.- ----
Lmployment and Labour Relations (Code of Good Practice)

G.N. No. 42 (co11td)
the employees in the bargaining unit and they seek recognition jointly as
the exclusive bargaining agent the exclusivity shall applies to both trade
urnons.
(5) Members of senior management who by virtue of their position

are responsible for dctern1ining policy on behalf of the employer and
who are authorised to conclude collective agreements on behalf of the
employer shall not be member of a trade union.
(6) Nothing in the Act prevents registered trade unions, on the one
· hand, and employers or employer associations, o·n the other, from
establishing their own collective bargai~ing arrangements by collective
agreement .
_J7)__ Anempl_oyer _ma_y .. recognise a registered trad·c ~mion without the

union being a majority .
.•
Provided that if i'he bargaining unit attain majo.rity membership, all
employees including those who are not belonging to the trade union shall
be members of the trade union.
5 1.-( l) A registered trade union before being recognised as, an App lying
for · '
cxclµsivc bargai~ing agent i.n <n::;pect of a proposed barg;ining unit, it recognition
shall fill in the prescribed ..,,form and service it to in employer or employer
association .
(2) In the application. a registered trade union shall-

(a) describe the proposed bargaining unit, taking into account the
factors referred to in sub-rule 5: and /
(b) provide documentary proof that it is representative, and may
attach an authorisations to deduct trade union dues signed b
cm ployees in the bargaining unit. other documentary proof of
membership or by a petition signed by employees .
,'<, (3) The employer shall meet with the trade union to discuss the
application \vithm 30 days and , if possible, conclude a collective agreement
recognising the trade union as specific in a model recognition agreement
as a guide for the parties to discuss, set out in the schedule to these
Rul es . ·-
41
(4) Where the employer does not meet within the 30 days or the
employer and trade union fail to conclude a collective agreement, the
union may refer the dispute to the Commission.
(5) The employer may refuse to recognise the union on the following
grounds-
(a) the union does not represent a majority of the employees in
the bargaining unit;
(b) the employer and the union cannot agree on the appropriate
bargaining unit;
_(c) the Labour Court has authorised the withdrawal of recognition

in terms of Section 69 of the Act and the period contemplated
in the order has not expired; or
(d) the empl_oyees th~t the union seeks to represent are members
of. senior management.
t1
(6) The term "Senior Management" means an employee who, by
virtue of that employee's position makes policy on behalf of the employer
and is authorised to concl~de collective agreement on behalf of the
employer.
~·~ ~
,...
(7) Where the dispute remains unresolved after 30 days of the referral,
the union may refer the dispute to the Labour Court for its deci_sion in
terms of Section 67 .of the Act.
(8) Where the dispute concerns the representativeness of the union,

the Court may direct the Commission to conduct a ballot, thy Court has
the power to make a recognition order compelling an employer to
recognise a representative and registered trade union within a determined
bargaining unit.
(9) The process for recognition in respect of a number of employers

or an employers' association is the same as that outlined above.
52 .-(1) When recognising a trade union as an exclusive bargaining Determi-

nation
agent, the issue of which employees the union is to repre~cnt in collective of a
bargaining inevitably arises . bargaining
unit
42
Ernplo_vment
.
and Looo11r Relations (Code of Good
.
Procrice)
G..\' .Yo. -I] (co,11d.1
(2) There may be separate bargaining units for professional and

non-professional employees .
(3) For the purpose of avoiding conflicis of interest senior managers

who arc responsible for determining policy and authorised to conclude
collective agreements \,irh a union are normally excluded from a
bargaining unit .
( 4) The facts identified to assist unions, employers, mediators,

arbitrators and the courts in detennining an appropriate bargaining unit
are the follmYing-
(a) the wishes of the part}:
(b) the bargaining history of the party:
(c) the size ('flhd significant of membership of union organisation

in certain categories of employees:
(d) the employees shares similar tenns of employment or similar

conditions of work, that- P<?ints to a single bargaining unit ;
(e) the employer h,1s···s'eparate workplaces and the terms and

conditions arc_left to the discretion of the managers of those
\\·orkplaces, ~~-hich points to separate bargaifling units. If
however the decisions are made at head office, that points to
a single unit:
(f) the employer·s operations effectively divided into separate

I
business (pointing to separate bargaining units) or is 1t one

streamlined operation (pointing to a single unit): and
(g) An employer has several separate places of work close

together that points to a single unit. But if the places of work
arc far away from each other or in different towris, that points
to separate bargaining units.
53 .-(I) Where a registered trade union is recognised as an exclusive

bargaining agent and it no longer represents the maJority of the employees
in the unit, the employer shall give the union an opportunity to acquire a
majority \\'ithin 3 months .
43
--· --· . ··-

':J.N. No. 42 (co11td.)
(2) Where it does not acquire a majority, the employer shall withdrawal
recognition as an exclusive bargaining agent.
(3) Notwithstanding the provision of sub-rule (2) the employer may

continue to recognise the trade union in respect of its members but not
as an exclusive bargaining agent in respect of all employees within the
bargaining unit.
(4) Subject to Section 69(4) of the Act, the Commission may be called
upon to conduct a ballot, of the effected person.
(5) Where a party to a recognition agreement or recognition order

materially breaches the agreement or Labour Court order, the other party
may apply to the Conunission for Mediation and Arbitration for mediation.
If mediation fails, any party may refer the dispute to the Labour Court
for an appropriate
.. (
order.
'
.
(6) A material breach includes-
(a) the refusal to n_egotiate in good faith;
(b) the refusa) or failure to comply with an arbitration a\Yard or

an order" 6f the Labour Court:
(c) the refusal or failure to comply with a collective agreement.
Duty to 54 .-( I) Bargaining in good faith requires the parties to explore issues
bargain in
good faith with an open mind and with the intention to reach an agreement .
/
(2) Subject to sub-rule (2), conduct is consistent \Yith bargaining in

good faith in-
(a) respecting the representatives of the parties :
(b) preparing for negotiations in advance, \Yhich entails developing

proposals and securing mandates for those proposals:
C; ·( i
( e) reta111111g consistent representation during the negotiation

process, unless there are good reasons for not doing so:
(d) at1ending meetings timely:

(e) motivating any proposal s made :
44
(f) considering proposals made by the other party and, if not

accepted, give reasons why they are not accepted;.
(3) Where parties cannot be compelled to reach agreement, conduct

which leads to an inference that the party concerned has no genuine
desire to reach agreement may, constitute bargaining in bad faith.
Bargaining in bad faith may be inferred from the conduct-
(a) m3:kin:g grossly unreasonable demands;
(b) refusing without good reason, to make concessions~
( c) refusing to disclose relevant - in.f0m1ation - that-·· is·reasonably

required for collective bargaining;
(d) being insulling, derogatory or abusive in negotiations;

(~
'
( e) delaying negotiations unnecessarily;
( f) imposing unresisonable conditions for negotiations to proceed;

i.ji
(g) by-passir1g't he representatives of the parties in the collective

bargaining process;
(h) engaging in unilateral action such as the unilateral alternation

of terms and conditions or industrial action before negotiations
II Il
have been exhausted .
iI
H·
Ii
(4) Negotiations are exJ1austed if both parties agree or one party
i declares deadlock after-
I. (a) that party has genuinely sought to reach agreement but failed
! to do so after a reasonable period ;
Ii (b) the other party conducts itself in a manner from which it may
I I
l i
il be inferred that it no longer wishes to bargain; and
I 1
( c) the other party bargains in had faith .
I:i I 45
,:'.,~?::.?,:'~-'f'-' 'i . i .} : : _ ~ ! _}; . ·. ·~- :_..,;_( ·;,,: R: .,,,;i,_,;;;,fril\~~7d"f.it~jfif
, ( 1
' ,, I' '~ _: I , .
Employment and Lahour Relations (Code of Good Practice)

G.V N o . ./2 (contd.)
(5) A party that bargains in bad faith may not rely on its own conduct
to tenninate the bargaining process and declare deadlock.
(6) Where the innocent party does not declare a deadlock, the defaulting
party may not implement its proposals or engage in industrial action .
(7) Any party in the bargaining process may refer a dispute concerning
a failure to bargain in good faith to the Com,.rnission for mediation .
(8) Where the dispute is not settled through mediation, the dispute
may be referred to the Labour Court for its decision .
. (9) Wh~rc a party bargains in bad faith, the other party need not ··-··---·-··-·······- ···-··
continue negotiations and its duty to bargain in good faith is met.
Bargaining
matter s
55 .-·c
I) Subject to the provisions ofSection 68 of the Act, bargaining
matters include-
( a) wages, salaries and other forms of remuneration;
(h) tr. mi s ;mrl r.onrlitions of r.mnloyment;

, ..
(c) allmvances and employment benefits ;
(d) employment policies and practices concerning the recruitment,

appointment , training, transfer, promotion, suspension,
discipline and tem1ination of employees ;
( e ) the collective bargaining relationship includi,9g-
(i) organisational rights;
(ii) negotiation and dispute procedures ;
(ui) grievance, disciplinary and tem1inati on of employment

procedures ; and
(f) any other agreed matters .
(2) Terms and conditions of employment shall include-
(a) the tenns stated or implied in a contract or employment such

as the hours of work, leave, duration, notice periods ; and
(b) the conditions normally associated with employment such as

rules regulating behaviour in the workplace, canteen facilities,
health and safety.
(3) The greater involvement of the trade union in employer's decisions

that affect employees carries with it the additional responsibilities of
co-operation and confidentiality.
!
I
(4) Where however the decision may have an employment related
I
I
consequence such as retrenchment, the employer shall negotiate or -
!1
!l
•, consult with the union over the employment related consequences.
i
i
.I Disclos ure
56 .-( I) An employer is to disclose to a recognised trade unia.n all the of
relevant information that is reasonably required to qllow the union to Informa -
:I
"\
represent its members in consultations and collective bargaining with the tion
! employer or employers' association.
,1
(2) Ari1employer shall not be required to disclose information that-
(a) is legally privikged;

'·i1
/
,.,; (b) the employer cannot disclose without contravening a, prohibition
iii
'i;!
imposed ?D.'-'the employer by any law or CO)Jrt ;
1,
H ( c) is confidential and, if disclosed, may cause substantial harm

i'J
j!!
'ii to the' employee or the employer; and
1:1
I"
(d) is an employee's private personal information, unless the

employee consents to the disclosure of that information.
(3) The purpose of disclosure is to make the negotiation or consultation

process as rational as possible, to ensure good faith during bargaining
and to develop trust between the bargaining parties .
(4) As c;1 general rule, the employer is obliged only to disclose

information that is relevant. Information is generally relevant if it is
likely to influence a party 's views on a matter being discussed .
(5) The following information may be relevant in negotiations-

(a) remuneration and benefits issues:-
47
G.N. N o . .:/2 (co11td.)
(i) reward policies and systems;

(ii) job evaluation systems and grading criteria;
(iii) earnings according to grade, department, workplace, sex,
race, casual workers , giving if appropriat e the
distributions and make-up of remuneration showing any
additions to the basic rate;
(iv) the total wage bills; and
(v) details of fringe benefits and total labour costs;
(b) conditions of service issues-

(i) polici_e s on recruitment, redeployment, redundancy,
training, affirmative action, promotion and appraisal
systems; and
(ii) .. health, welfare and safety_.matters;..... ···-··········
(c) performance issues-

d (i)_ productivity and efficiency records;
(ii) savings from increased productivity and output:
(iii) return on capital invested; and
(iv) sales and state of order book;
(d)--labour'
-,. force issues.-
(i) number of employees analysed according to grade,
department, location, age, sex, race or any other
appropriate criterion;
(ii) labour turnover;
(iii) absenteeism ;
(iv) overtime, short-time;
(v) lay-offs ;
(vi) planned changes in work methods , materials or
equipment; and
(vii) available manpower plans;
(6) Confidential information is information that the employer regards

as confidential in order to protect its interests or the interests of those
associated with its business such as its employees, customers , suppliers
and investor.
(7) Information shall be confidential if when disclosed may cause

substantial harm to an employee or employer such as-
48
.:•• : } . . •· .r ;·.... , ri'J,, /; ~ , -~- .l-::~-·~ . ~~-.·: .· :w "~t·
-.·.
, .··--·--··~·,,_...~.,...:-~-~-~-- ''''-'- -- ~,·........ :... .•. .;..,-;,..,;..•·-·,_.:.·!..,,1."".·-i..:.~~~i.,;.'~~MM
Employment and Labour /-?.elations (Code c~f· Good )?r.actice)

G.Y .\'o . :n ·rco11;d1
(a) the employer losing customers to competitors~
(b) suppliers refusing to ~qµply necessary m~terials or services:
( c) banks refusing to ~rant loans: or
(d) t:he employer not being ab.le to raise fonds to finance the
l?usiness .
(8) The employer may· not d.isclose private personal infom1atio.J;) found
in an emp!oyee ·s e.mployment tHe unless the employee consents or an
arbitrator or court_ reqvires it to do so.
(_9) ___Tra(:kpnioris shall identify and request i1.1fonnation in adva,nce of

ne.gotiations, if practical.
( l 0) In order to .it void mistJnderstandings and ~ause um1ecessary

>f
delays, trade unions shall-
(a) frame their requests for infom1ation in writing a.nd as precisely

?.s possible:
,.,..
.(b) include motiv;;iting for the information taking into account t~e
matters raised in)his Rule;
(c) give th~ employer sufficient time to prep~~e and submit tbe
infon:nation requested, tak.ing into a~p_o~.nt whether there is
likely to be a dispute over disclo.s.\l,re.
( l l) Any dispute ·over the disc_losure of i1;1fom1ation shall be referred

J the Commission as prov id~ unde.r Section 70 of the Act, which shall
efer that dispute for med:ia,tion .
( 12) When,~ the dispute is not settled, any party may refer the dispute
) the ~a,9:our Court for a decision . .. . l lfl
5 7 .-( \) The duty to bargain in good faith places a responsibility on a Duty of

fair I
I
:cognised trade u1i.ion to fairly represent emplo:·,ees within the recognised
ugammg unit.
. r<!pr~5r.:1!ta-
1.i.o 11
49
-
---·- - - -· -- - --·
'- hl1ployment and Labour Relations (Code <f cjood ,Practice)

. G.v · No: -12-rcrmrd.1
(2) The duty of fair representation imposes t~e following duties on a

recognised trade union in respect of employees within the bargaining
unit who arc non union member:-
(a) the union cannot refuse to represent non•unioo members:
(b) the union may not discriminate against flOll·union members;

and
( c) the union may not enter in ~ollective agreements ·~t faypur

its members at the expense of non-.union members.
Any dispute over fair representation sh 4 11 be prQCessed as a

(3)
dispute about the duty to bargain in good faith, and sh~II be referred to
the Commission .
(4) Where the dispute is not settled, any party to the dispute ma~
rGfer the di:;pute to the Labour Court for a decision .
~~
(b) COLLECTIVE AGREEMENTS
...\g~nc\· 5 8 .-(I) As i-1 consequence of a duty of fair representation imposed on

shop
agr.:emenls
a recognised trade union, the union and the f?mpl9yer may ;;agree to
i111µle111 e11l an ..agem:y sh0p agreemetn wirhirt a recognise4 unit, ~ tenns
of which employees within thqt unit who are non 4niqn members aru1y be
obliged. to pay an agency fee to the trad~ union of not-more than. the
amount of the union subscription.
(2) In order for an agency shop agreement to be binding it has tQ

comply with the following requirements that-
/
(a) the agency fees collected 'from non-union members s~II be

_paid into a separate account administ~red by the union; ·
(b) the monies in that account may only be used to advance and
<protect the socio-economic interests of the employees ip that
workplace:
(c) the socio-economic interests of workers inclt1ding labour

matters affecting employment or labour relations, worker
50
~-...... .
. Employment and Labour Relations (Code of Good Practir;:e)

c..v ;va. -12 (co,11d.J
·· education, scholarships, contributions to political parties or

any person standing for public office is prohibited.
(3) An ;agency shop agreement shall b~,~1;1spended if the trade union

is not a representative and its recognition is withdra\\11 in terms of Section
69 of the Act, the agency shop is automatically terminated .
SCHEDULE
CONTRACT Of EMPLOYMENT FORM
Ti1 i~ agreement is made

BETWEEN
·r1
(hereinafter referred to as
the "Employer" )
Physical, Postal and e-mail Address

of the Employer: .. .. .. ....... .. .. . ....·:,.......... . .... ...... . .. ... . ... ..... . .• . ... ......... ... .
•• : . : • •••• •• •• • • • ••••• • •• • ••••••• --ci.... . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . , ••• • • • •• • • • • ••• •••••
AND
(hereinafter referred to
as the "Employee" )
Age: .. .. ....... . · -· ... ... ... .. . Sex: ... . .. ... ... ... ... ... ... .. . .
Physical , Posta l and e-mail Address

of the Employee: ... .... ... .. ...... .... .... . ..... . .... ...... . ... .. .. .. . .. ... .. . ... .. .. .. ... ... .
1. COMMENCEMENT
This contract shall commerce on ... ... ... .. . ....... .......and continue until lawfully.
2. PLACE OF RECRUITMENT
"
51
Employment and Labour Relations (Code_ Q/ Good Practice)
G.N. No. 42 (contd.) r-
3. PLACE OF WORK
4. JOB DESCRIPTION
4.1. Job title :
4.2 Duties : .... ... .. ... ..... ... . ....... .. . .. ... ..... . .. . · · · · ·· · · · ·· · .. · · · · · · · · · · · · · · ·
'1
l
II
···-- ·-·---···- ················-········· ······•·

Ii, 5. PROBATION
This contract is subject to a probationary petiod or __ ___ \\"eds months .

?
I•
starting from the con1mencemei1t date of
employment. Tho purpose of this
probationary period is to assess whether the employee ha s the capacity or
,,
t•. compatibility required for the job. Where the contract is terminuted durin g the
i,r
I,:: first month of employment. seven days ' written not\<.:e is req uired .
I, I'I
ll!iI,,1 6. REMUNERATION
I. ,,,1
'"
II
6J .. _,.. The employee 's basic wage shall be~- -· - - per day'' week; month .
I
i The employee s hall be entitled to. the follov.ing allowancestpayments

11: ""' 6.2
I;'·l· in kind /bonu ses: ... ... . ..... .. ........ ....................... .
I
.), 6.3 The remuneration shall be ... . . . .. . per dayiweek.:month :
!.; ;:
::
6.4 The wage period is weeklyimonthly anc;i the wages shall be paid on
6.5 The employee agrees to the following deductions:

I
'-
' !' 7. HOURS OF WORK
I
7.1 The ordinary daily working period shall be from ... .. a.m. to ... .. p.m.
I:
!
7 .2 The ordinary working week commences on ... . .. .. . ... ... .. ~. and ends on
52
._;g::_:·o;- ' ,{;_ )trr;;;\
--'.----·----;--~----··· ------.-·· --·~---·-·· - ·.; .:-
~i,
,,-·
Ei!zplo~vment and Labour Relation~ (Code'' of Good Practice)

G.N. No . ./2 (co11td.J
7.3 Overtime may be worked when agreed.
7:4 The employee shall be paid overtime at the following rate:-
8. WORK DURING REST PERJODS
Where the employee works during a weekly rest period, the employee shall be
paid double the basic wages for the period worked.
9. PUBLIC HOLIDAYS
9. I The employee shall be entitled to a basic pay for each paid public
holiday.
9.:2 Work on a paid public holiday shall be agreed.
9 .3 Where the employee works on a public holiday, the employee shall be ·

paid d19uble the basic wage for each hour worked on that day.
I
10. ANNUAL LEAVE
10.1 The employee is entitled to i~ consecutive days paid leave during each
leave cycle. These da'ys shall be inclusive of any public holidays
falling within the leave period . A leave cvcle for the purpose of annual
leave means a p.ehod of 12 months cons~cutive employment fro1i1 the
comrnencemer{t date of employment or the completion of the last leave
cycle. ".· •
10.2 The employee's leave shall be taken from ............... to .. . ..... .. or at

other time determined by the employer after consultation with the
employee .
/
IO .3 The number of days may be reduced by the number of days of occasional
leave granted at the request of the employee .
I 0.4 Leave pay shall be paid in advance of leave.
10.5 The employer shall not require nor permit an employee to work for
the employer during any period of annual leave.
l l. SICK LEAVE
I I .1 Subject to Section 32 of the Act, the employee is entitled 'to 126 days
paid sick leave in any leave cycle, if supported by a medical certificate
on each occasion when sick leave is taken . Payment by the employer
.shall however not be required if the employee is entitled to paid sick
le a ve under any law, fund or collective agreement.
, Employrhent and Labour Relations (Code of Good Practice)
11 .2 Payment for sick leave shall be calculated as follows :-
(a) the first 63 days shall be paid at the basic wage; and
(b) the second 63 days shall be paid at half the basic wage.
11.3 For the purposes of sick leave, a leave cycle means a period of'36
months consecutive employment from the commencement of date of
employment commenced or the completion of the last 36 month leave
cycle.
l 1.4 The employee shall notify the employer as soon as possible in the
event of absence from work through illness.
12. PATERNITY AND MATERNITY LEAVE
Th~ employee shall _have... the .rights.Jo...matemity .. or .patemify leave:
13. TERMINATION OF EMPLOYMENT
13. l This contract may be terminated by either party giving the other
i'~
, .. . ... ..... . ..... .. weeks/ months notice .
13 .2 Notice s~all be given in writing than the minimum period specifi~d

stating the reasons for termination and the date on which the notice is
given. , . .... ~,·
(
13.3 Up.on tennination of the contract of employment, the employer must

furnish the employee with a prescribed certificate of service .
..,,
14. SEVERANCE PAY
14 .1 The employee shall be entit1ed to severance pay of not less than seven
days basic wage for each completed year of continuous service up to a
maximum of ten years, where employment is terminated by the
employer and the employee has completed a minimum of 12 months
continuous service .
14.2 The employee shall not be entitled to severance pay if the termination
c,f employment was on grounds of-
14 .2 .1 misconduct; or.
14.2.2 incapacity, incompatibility or operational requirements , and

the employee unreasonably refu ses to accept alternative
work or employment.
54
H . . ·; ·.· \:·.:-- . . '1 ,~_~',:\· : \·r·.?)/ '" ~·\;::·\\/, ..;;!{·~,i ...·.· ..
-·------·~- ----·---·--·~-=-~~ -- ----~----·-- --·-----
Em2laymenf and Labour Relations_ (Code of Good Practice_!_' .·. _ ._.

G.N. No. 42 (contd.)-
OTHER CONDiTIONS OF EMPLOYMENT OR BENEFITS
APPLICATION OF THE ACT
16.1 This Agreement shall be interpreted and applied in accordance with

the provisions of the Act.
16.2 Where any conflict arise between this Agreement and the Act, the
provisions of the A~t shall apply as if it is n term of this Agreemet1t.
16.3 The employee shall be entitled to anv other benefits stipulated by the
Act even if not stated in this Agreement or as agreed between the
parties .
}NED:
EMPLOYEE DATE
i1
'
EMPLOYER DATE
hts contract shall be produced in two authentic copies, to be signed by

lh parties, oric by the employer and. the other by the employee .
55 "t
Employmf!,ljJ and Labour Relations_L{c_oq(_-_qf Gopd Practice)
G.N No. 42 (contd.)
Form No ....
RECOGNITION AGREEMENT
CONCLUDED
BETWEEN
("The Empioyer;;)
AND
("The Union")
GENERAL PRINCIPLES.
I .-=-{ I) The employer and the .onion enter into this ·a greetlient to facilitate co-operative
fa;bour relations and to give effect _tci the p~rties' rights and obligations.
----······-··-··········--- .............---·····---········· ·········· .
c;n
The emplo"yer ~nd the union agree that fair labour relations are essential forlhe
effi cti ve foncfioning of the or:gi1111s11tion and for the beriefit of the parties to this
agreement a'nd all emplqyees.
(3) The parties agree that, whilst their interests may di(fef; they will use their best
efforts through discussion, consultation and negotiation to resoive any differences or
disputes whidh 'may occur. They agree to deal with each. other in good faith in accordance
with this ·agree_rµeni in.seeking mutually acceptable solutions to differences or disputes
\vh'i ch occur. .
~'
(4) The parties endotse the principle of freedom of association and recognise the
right of employees to beiong to the union of their choice. No action shall be taken by
either party to interfere with these rights.
(5) The employer recognises the right of the union to run its own affairs in accordance
with its constitution , and to work for improved condition·s of empioyment for its
me'mbers . In doing so. the union shall comply with the tenns of this agreement and any
other agreement between the parties obligations imposed by law.
(6) The union recognises th'e employer 's rights to manage its business. In dbing so,
the employer will comply with the provisions of this agreement ahd any other agreement
between the parties ·obligation s imposed by law
(7) The :parties undertake not to discriminate on any ground or any other arbitrary
ground su'ch as union membership.
(8) The parties recogni se that it is their common objective to _e nsure the efficient
running a nd g ro\\'th of the organisation from which all parties shail benefit.
Ct:.
-:;: . ~.~ ,->= {·?·. . " ·,:;J:;;jkn,Mjf
" .: --~~ .. ; ·<;;f~':Jiti!::•;~}h, ,_·;::
...~.'. i.; .! l
Employment and Labour Relati_ons (Code of Good· Practice)

G.N. No . .:/2 (contd.)
(9) The employer's management and the union leadership, including union
epresentaf;ves. undertake to encourage their constituencies to act in the following
Nays-
(a) to treat one another with respect and courtesy:
(b) to act in ways which develop frust
(c) to be participative and proactive in responding to challenges:
(d) to work as partners to develop outcomes which benefit all.
( I 0) The union acknowledges its responsibilities to ensure that union members and
fficials understand and comply ,,·ith all agreements ben\'een the union and the em plover.
·he emp!oyer ackno\\'ledges its responsibilities to ensure that management also
nderstands and complies ,vith all these agreenients.
( I I) For the purposes of this agreement ..:. .

(a) "days'' means all dayf excluding Saturdays, Sundays and statutory public
holidays .
(o)
Unless specifically provided otherwise . woro·s-shaTlbe
i11terpreted in
terms of the Act.
•
l/
ECOGNITION AND RE-:PRESENTATION
2 .-{ I) For the purposes of this agreement , the ·'bargaining unit" means emplovees.
her than fixed term contract and casual empl~yees. employed in the following grades/
tegories - (insert/amend wording if appropriate).
(2) The employer recognizes the un[oi1'as the exclusive bargaining agent of employees
thin the bargaining unit. provided th~t the union represents in excess of .50 percent um
emplo~'ees within the bargainin{unit
CJ) The parties agree that the number of valid instructions to deduct union ·dues
:n einployces· salaries which are being processed by' the em plover on the union ·s
iair at any time , shall be the sole measure of the u11ion's representation for the
poses of this agreement 1 .
\DE UN10N DUES
1.-{ I) A union member may nuthori se the employer in ,vriting to deduct union
criptions from hi s · her salary 111 term s or the prescribed form .
n The emplo~·er shall pay the union on or before the seventh dav of the.next
th. the aggregate amount s deducted each month .
,) The subscription s collected b\' the emrilo\er shall be forwarded to the union.
her with a monthly schedule reflecting-
...
(a) a li st o t" name s. in the prescribed form of al! member s from \\ho se salarv
the cmpl o ,cr ha s made deducti o n s:
Employment and Labour Relations (Code. of Good Practice)
G.:V. .Vo . .:/2 (contd.)
(4) A union representative shall not be subjected to a disciplinary hearing. unless

(in.: days prior \Hitten notice has been given to the union .
LEAVE
8 .-( I) Each union representative shall be entitled to take paid leave for union
business including training, conventions and conferences. for a maximum of ...... ..days 3
per annum. provided the union's written confirmation of the reason for the leave is
provided and management 's consent has been granted in terms of subclauses (2) .
Additional leave may be granted whether paid or unpaid or by agreement berween the
parties .
(2) Union representatives shall obtain written consent from management if they
wish to take time off in terms of subclause (I), at least five days prior to the date on
which leave is required. and this permission shall not be unreasonably withheld .
JOINT LABOUR RELATIONS TRAINING
9. - ( I) The employer and the union agree in principle to joint labour relations training
d for managers and union representatives, and shall meet to discuss such training. They
shall attempt to agree on the content of joint labour relations courses and the facilitators
to be used .
DISCLOSU}3.E OF INFORMATION
10:,--(,1--) The e111ploycr shall disclose to thf': union all relevant information that will
allow the union to engage effectively in consultation and/or negotiation 4 and to perform
it.!? functions in terms of this agreement.
(2) Any request for information by the union shall be made in writing.
(J) The employer is not required to disclose information that -

(a) is legally privileged;
(b) the employer cannot disclose without contravening a prohibition imposed
on it by any law or order of Court;
(c) is confidential and . if disclosed, may cause substantial harm to an employee
or to the employer; and
(d) is private personal information relating to an employee, unless that
employee consents in writing to the disclosure of that information.
NEGOTIATION AND . CONSULTATION
11 .--{I) A meeting between the Union representatives and management shall be held
once every month. provided that this may be varied by an agreement between the
parties .
(a) the purpose of these meetings is to enable the parties _to communicate,
consult and negotiate on issues affecting the employment of the Union's l
members .
1
60
:' .:· ,.,.:I-' ' ·... }?::.. 'Jf
..Employment and Labour l<..e/ations (Code of Good Practice)

G.N. No . .:/2 (co11td.)
(b) the parties shall provide \vritten notification to each other at least five
days before the date of a meeting (unless otherwise agreed betvveen them).
of the issues they wish to raise, thereby enabling both parties to adequately
prepare for the meeting. At the beginning of each meeting, the parties
shall discuss and attempt to reach an agreement on the agenda for that
meeting.
(c) meetings shall take place on the employer's premises and shall commence
during normal working hours . Management shall record the minutes of
the meetings and circulate them within five days after the meeting , and
these minutes shall be approved at the next meeting.
(d) union officials shall be entitled to attend these meetings, provided that at
least two days prior written notice has been given to management.
2) Negotiations shall take place once a year between the union (represented by its
~ials and representatives) and the employer. unless agreed otherwise between the
i·es·:···for .. the·purposes of negotiations on wages and other substantive conditions of
ilovment :-
(a) the parties agre 1 to commence wage negotiations at least two months
before the norm ~.! annual wage review date. I
•
(b) the parties shall. at least ten days before the date of the first negotiating
meeting {unless agreed otherwise between them) , provide written
notification to each other of issues· they wish to raise, thereby enabling
them to adequately prepare for the negotiations.
(c) annual wage negotiations shall take place at the Employer's premises and
shall commence during,Pormal working hours. Management shall record
the minutes of each meeting and cir-cu late them within five days after the
meeting , and these minutes shall be approved at · the next meeting.
3) In monthly meeting s (sub-clause (I) above) and the annual wage negotiation s
-.:::lause (2) above), the parties shall meet as often as they agree to be necessary to
[ve issues . The parties agree to work together to ensure the efficient conduct of ·
~ meetings. Any agreements concluded shall be reduced to writing and signed by
·epresentatives of the parties and shall be binding for the period stipulated in the
;:ment.
~) Union representatives shall provide feedback to union . members 011 negotiations

rn y agreements concluded. in term s of sub-clause (2) of this Agreement. Additional
:>ack meetings 01Lcompa'Tily premises may be agreed between the parties. · A copy
1 y agree men ts reae-hdl bet ween the parties shall be displayed on the not ice board
Ted to in clause 4(3) ot' thi s Agreement, unless otherwise agreed between the
e s. The emplo~'er shall have the right to communicate with its emplovees at any
,.
61
--- - - -- ----
'
Lmplo_i·menr and J,abo11r Relarions (Ct)de of Good Practice)
G..\'. _\·(}_../] !C{l/1 /d!
(5) The parties shall use their best endearnurs to.reach a consesus during negotiations
as quickh and as cfketivel~- as possible . If a consensus has not been reached or
concluded ,,iihin a minimum of t\\'o meetings. either par1y' may· declare a dispute in
terms or ciau se l 2 belo,,: proYided ,that the parties may agree to continue to meet
\\·ithout declaring a disputC.<fJ!j)l\Yithstanding two or more meetings having being held.
DISPUTE PROCEDURE
12 -( I )The Employer and the Union shalt negotiate in good faith and use their best
endeavours to reach mutually acceptable solutions to all disputes which arise between
them. and the, shall consult each other \\"hen they anticipate that disputes may arise.
Thn· agree to use the proccdurc behw in an attempt to settle disputes which arise
through negotiations in tnms oC this clause.
(2) Either part\· nwY declare a dispute in \\'filing to the other party. setting out the
i"fallff"i'. ·6(11i'c: ·atspfilC-aiii'f""i-pr"bposed sett km en t.
(.";) The party receiving a declaration of dispute in terms of subclause (2). shall
.,,iti1i11 1'1 v.. : J:1,s respond in \\'riling. setting out its understanding of the nature of the
dispute: and its proposed settlement.
,,
1
'
(::\ :1 VJi,l:i!, ten <lays or the declaration of the dispute or on a mutually agreed date.
,\ 111ceti11g shali be held bet,Yeen the parties in an aftempt to resolve the dispute. Further
meetings n1av be held by mutual agreements between them and the parties shall use
their best endeavours to resolve the dispute.
(5 )_ ..} ·!1c parties recognise their commitment in terms of clause 13 to minimise thy
po ssibi°lity or industrial action and undertake to consider referring unresolved disputes
tq. mcdiation. arbitration (,,·hethcr of a binding or advisory nature), or any other
constructive method for resolving a dispute.
((,) Nol\,iilistnnding anything else contained in this Agreement, either party may
u,;c tile dispute procedures of the Act: -
(a) ir negotiation s are deadlocked and both parties agree to use those
procedures: or
(b) since ihc dispute was declared . the parties have met on at least two
occas1011s or fifteen days have elapsed, and agreement still has not been
reac hed: or
( c) ir the other party is in breach of its obligations in terms of this Agreement

or 1n law.
0) Th e par• ies shall use their hes! endeavours to resolve disputes.between themselves
\\ ithou t hav ing to resort to the Act. Even if the dispute machinery in the Act has been
111,til-:cd. the pa rties may continue to meet in an attempt to resolve the dispute.
62
-· .
. .. ': ........ .-··::
. ... •.. · .. ·_:· ': ·.··
- --- . .
.,•·.·. . .. . ..
-
. .... : . _i··· .. '~ ;,
,-:,--,...:~-=-..:.. ':. .\ii
l
,,
- i
· ,, .. ·. 1•..'mployment and Labour Rel~tions (Code of Good Practice)

STRIKES AND LOCKOUTS
IJ.-{ I) The F'nployer and the union agree that they shall not cause, take part in pr
support an~· industrial action, without first exh;.rnsting the negotiation and dispute
nrocedures in this agreement and thereafter having complied with the requirements of
the Act. For the purposes or this agreement. " industrial action" means a strike or
lockout as defined in the Act.
(~) The union undertakes to take all reasonable steps to ensure that its officials and
members do not breach the provisions of this agreement, ~n,d the employer similarly
undertakes to take all reasonable steps to e11sure that its management does not breach
the provisions of this agreement. Both parties agree to take all reasonably steps to
remedy an~' breach that may occur.
Either party shall be entitled to exercise its rights to deal with misconduct or
(J)
criminal conduct or serious breaches of this agreement during industrial action .
(4) Where the union engages in a strike in accordance with Part VU of the Act. it'
shall
.-~
(a) allow non-striking employees to continue working without unlawful
in le rference:
(b) allow the emplo~·er to c~ntinue with its ordinary business, including access
to and exit from the employer's premises by staff, customers, suppliers
and any other third parties;
(c) not. either 011 or_of the ·employer'~ premises, intimidate, threaten or harass
a,1y non-striking en1,ployees or any other persons; '
<·
(5) The union and.'or its members shall, during industrial action, leave the employer's
premises immediately ii· .rrqucs'ted to do so by the e1nployer. The union and/or its
members shall not unlawfully occupy th<; employer's prerni ses.
I
(6) The parties.-agree that it is vital that contact be maintained between the employer
and the union during any industrial action. For this purpose, the employer and the
union slrnlL \,·ithin 24 hours of any notification of industrial action having been given
advise each other of the name and telephone contact details of their duly authorised
representative(s) who will he contactable at all times during any industrial action .
(7) Where union members participate in a strike in contravention of this agreement

)r the The Employment and Labour Relations Act, 2004 then the following shall
1ppl~·-
(a) the employer shall as soon as possible advise the union , and shall afford
the union an opportunity to remedy the breach;
(b) the employer may issue an ultimatum in clear and unambiguou s terni's.
stating \Vhat is required of the employees concerned . and what sa nction
- - - ------- - --- --- ---- - -
- - - -- - -

G_N No. 42 (contd.)
will be imposed if they do not comply-with the ultimatum . The em plow ,.,,
shou ld be allowed sufficient time to reflect on the ultim atum and resprnHI
to it.
(8) Where repeated or int_ermittent industrial action occurs. o r if circumstances :11,

such that the employer cannot'. reasonably be expected to do so, the employer shall 11, 11
be required to comply with the requirements set out in clause 9(7).
(9) Where either party causes, participates in or supports indu stri al action wl11, h
is unlawful or in breach of this agreement , the other party shall have the right to use :11 11
lawful mean s to protect its interests .
BREACH AND TERMINATION
14 .-{ I) Th is agreement shall come into operation effective o n the date of signi11 F
(2) Thi s ag reement may be teiminated as follow;
(a) after th e expiry of three calendar mo;1ths of either party giving the ot li,·1
writ1en notice of termination -of \he agreement; or
(b) if th e emp loyer gives written notice to the Union that its represen tat1 ,111
may· have ·fallen below 50 percent um of the bargainin g unit. a nd the u111 "' '
fails to substantiate its membership as being in excess of 50 percent11111
,;·, v..-ithin three calendar month s. the employer shall be entitled to summa11h
term_inate thi s agreement by way of a written n.otice to the uni on.
(3) If a party (the defaulting party) fails to fulfill any of its obligations in term s "I
this agreement a nd sub sequently fail s to remedy t_he br~ach within five days of receiv111 f1
written notice or the breach from the other party (the aggrieved party), the aggrieved
party shall be entitled to refer a di sp ute to mediation by the Commi ssio n. If medi ati rn1
.· ·is unsuccessful. either party may refer the di spute to the Labour Court.
"'" ADDRESSES AND NOTICES
15 .-{ I) For th e rurposes of this Agreement, the giving of notices and th e se rving <>I
legal processes. includin g req ue sts for meetings the parties choose the phys ical localitr c·,
at which documents mav be served:~
EMPLOYER: ... UNION: ..... .. .. .... ...... .. .. ... .
(2) The r arti es ma:· at any tim e change their stated address bv notice in writin f..
provided th a t it in clu des a physical add ress at which document s may be served .
(3) Any .document se n ·ed in connection with this Agreement shall be delivered l>v
hand . se nt by prepa id registered post, or se nt by fax. If se nt by registered post, it shall
be dee med to have bee n receiv ~d on th e 7 111 day after posting.
64
....

G.N. No . .:/2 (contd.)
GENERAL
16.-{ l) No relaxation or indulgence which the employer or the union may grant to
the other party shall constitute a waiver by the fon11er of any of its rights under this
agreement.
(2) This agreement constitutes the entire agreement between the parties and no
amendments shall be binding unless the amendment is reduced to writing and signed by
both parties.
Dated at ... ....... ... .. . ... .. .... .. ... ... This ... .... .. ... ....... .. ... day of .. ... ... . _.... .
WITNESSES:
I.
For and on behalf of the Union .
,
WITNESSES:
I. •
11
For and on behalf of the Employer

,
fktr1ils m11<;I hr. in'>r:rtr.cf
..,:
I
·'
...
65
·-- - -- -- ------- - -
- - - - ---- -- - -- -- ""
Employment and Labour Relations (Code of Good Pr9ctice)

· G.N No. 4_2 (contd.)
Form No .. . ... ..
GUIDELINES FOR DISCIPLINARY, INCAPACITY AND INCOMPATIBILITY

POLICY AND PROCEDURES
INTRODUCTION
1.-( I) The purpose of these guidelines is to provide for a fair procedure to be

applied-
(a) if the conduct of an employee is unacceptable;
(b) if an employee is incapable of rendering satisfactory service due to ill
health injury or poor work performance; or
(c) in cases of incompatibility.
(2) Emplo:'ees are expected to carry out their duties effectively and conduct
themselves in a tc,isoni1ble n1,n1i1er so that an:,' act shall at all time be in accordance with
······-······-· the policies c1nd rules cxisiing within an organisation
(q /\n cmplmcr slwll apph· disciplinar, 111t.:asurcs ,,here possible in a corrective

manner. a11J cns.urc that cmplo\'ccs corn pl\ "ith the rulcs a11d policies governing their
c111 plm·111cn t.
it (~I) This proccJurc serves as a guidc a11d should be 1111pkmcntcd in a specific offence
ls not pro,·1dcJ for in the se rules in a llc:,.;iblc manner. Ma11agc1ncnt may deviate from it
111 appropriatc circumstances_ if a s pecific offl'.nce is not providcd for in the Rules.
(5) These guid..,elines does not provide for procedures to be follom.:d in the event of
u11lawful strikes. That action must be dealt \Yith in accorda;1ee " ·ith applicablc legislation
and th.e Rul~_s.--
COUNSELLING
~.:
AND VERB/\L WARNINGS
2.-{ I) The primary aim of disciplinary measures is to correct emploYees' behaviour.

111 order to en~ure that the,· conduct thcm sclves in an acceptablc manner. The primary
means of achieving this objective should hc the counsd ling ot" cmploYces by tupervisors
or managers. who should e:,.;plain to emplo,·ccs " ·hat is e:,.;pected or them . If this does
not achieve the desired objecti,·es. stro11ger action ma:,· hc-..rcquircd
(2) If an emplon~c commits minor rni sco11duc1 or rcrforlll:-; poorh·. thc action taken
should be a verbal reprimand couplcd "ith an instrul'.tion from the cmplm·ee ·s rrn11::.:;;""
to correct the behaviour. These repri ma 11d:-; consti tu tc i11 form a I corrective action and
will not be re!leckd on the cmplo:,·ee·s pcrsonal tilc.
WRITTEN WARNlNGS
J.-( I) A ,ninen warning ma:,· be iss ued by a supervi so r or man age r. if the work
performance or conduct of an emplo~·ec ha s not improved following,coun se lling or
verbal warnings or if the mi sconduct or \\ ork rerformance requires stronger action than
a verbal \\aming.
66
1·-,•
=====================-=--~-"--_:__:_;__. . . . . . ~~.···="--~··· L-~,:c~/!;J':?'0.''

-;;±;-- ,;'•!4"•/; ,,a~<_i[;;.

G.N No. 42 (conld.)
(2) The Manager should inform the employee of the reasons for the action, and to
give the employee an opportunity to make representations. During this process, the
employee may have a representative appointed to be present. This process should not
be constituted as a formal hearing.
(3) After having considered any representations made, the Manager should decide
whether or not to give the employee a written warning. Any warning should be issued
to an employee personally and in accordance with the prescribed form, and a copy of
the completed form should be given to the employee.
(4) Where an employee is aggrieved by a written warning, the employee may

.complete the appropriate part relating to appeal of the employee's copy of the warning
form within five working days after receipt, and hand it to the Manager who issued the
warn mg .
........... ..(5) The appeal should be referred to the next level of management above the level of
. the manager who issued the warning.
(6)The Manager Gonsidering the appeal should consider the written representations
contained on the for~ and may speak to the persons concerned to obtain additional
inform~tion, but no formal hearing should take place .
.· . (7) The Manager considering the appeal should personally advise the employee of
the outcome of the appeal within five working days from the date of receipt. The
Mal'1<l~t;r i;hm~ld rrir.nrn thr. n11fr.nm~ 0n the- i1ppropriato part of thv original warning
form and the employee's copy and return it to the employee.
DISCIPLINARY HEARING
4.--( 1) Senior manageri should be appointed as chairperson to convene a disciplinary

hearing in the event of -
(a) further misconduct followi-flg a written warning or warnings~ or
(b) repeated written warnings for different otTences; or
(c) allegations of serious misconduct such as those referred to the Rules

relating to termination of employment, and which could on their own
justify a final written warning or dismissal.
(2) The chairperson of the hearing should be imp~rtial and should not, if possible,
have beeo involved in the issues giving rise to the hearing . In appropriate circumsta11ces,
a senior manager from a different office may serve as chairperson.
(3) The employee should be advised in writing of the allegations and the time and
date of the proposed hearing. giving the employee a reasonable opportunity to p'repare
for the hearing.
,,..,
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v'
Employment and Labour Relations (Code of Good Practi~e)

G.N No. 42 (contd.).
(a) whether the employee contravened a rule or standard regulating conduct

relating to employment.
(b) whether such a rule or standard contravened was-

(i) reasonable;
(ii) clear and unambiguous;
(iii) known, or ought to have been known, by the empioyee;
(iv) consistently applied; and
(v) sufficiently serious to justify dismissal.
( 12) An employee may appeal against the outcome of a hearing by completing the
appropriate part of the copy of the disciplinary form and give it to the chairperson
within five working days of being disciplined, together with any written representations
the employee may wish to make. The chairperson must within five working days refer
the matter to the more senior level of management, with a written report summarising
reasons for the disciplinary action imposed _ The appealing employee must be given a
copy of this report.
( 13) The Manager con sidering the appeal must take into consideration the documents
provided An appeal should not constitute a re-hearing of the entire case but it should
focus spe,cifically on ,!the grounds for appeal and be decided-on the basis of the written
submissions provided , The Manager considering the appeal may however arrange a
further hearing to consider evidence and argument relating to the appeal, in this event
the employee may be assi sted by a representative .
f
~
( 14) The Manager considering the appeal must record the outcome of the appeal in
the appropriate part of the oriJsinal disciplinary form and return the copv to the
employee .
"
· ,,
-
( 15) An employee wi;hing to challenge the outcome of the appeal, may utilise
dispute mechanisms contained in the_Employment and Labour Relations Act. The
time period within which to exercise these rights shall commence from the date the
employee is advised of the outcome of the appeal.
SUSPENSION /
5.-( I) In circum stances of serious misconduct or incapacity a senior manager may

suspend an employee from work pending an inquiry. An employee may be suspended
if the employee's presence would obstruct the investigation into the alleged offence or
../
if the employee ' s presence could create difiiculties at the workplace . An employee
who is suspended by management under these circumstances must be paid basic wage
for the period of sus pen sion .
(2) Management rnay. in appropriate circumstances and with the consent of the
employee. suspend an employee without pay far a maximum period of thirty days, as
a form of disciplinary action . Thi s suspen s ion should be accompanied by a final
wrinen warning. which run s from the time the employee recommences employment.
Suspension without pay sho uld be use d for offences which justify a more serious
69
- - - - - ---- -

G.N. No. 42 (co111d.j
penalty than a final written warning, but where the employment relationship has not
irreparably broken down.
(3) An employee should be given a written notice of any suspension, which should
briefly describe the reasons for the su!>pension and any conditions applicable_·
:r· ..
rNCAPACITY: POOR WORK PERFORMANCE
6.-( I) In cases of alleged poor work performance by an employee. a Manager should

consult the employee to identify and analyse the problem . The emplo~·ee should be
given an opportunity to account for the poor work performance .
(2) Where the Manager believes that it is a mat1er constituting ynisconduct, it should
be dealt with in terms of the procedures outlined the Rules .
(J) Where the manager believes it is a matter constituting incapacity on the part of
the employee concerned_ a process of consultation and counselling between management
and the employee should take place in an attempt to rectify the problem . The process
ma:, include appropriate evaluation_ training_ instruction. guidance or coun selling and
should provide for a reasonable period of time for improvement.
(4) Where the employee continues to perform un~mtisfoctorily, the employer should
\\\\lfll the employee that employment ma y be terminated if there is no improvement.
J\ 11 opportunity to improve may be dispen sed with if.-
(a) the employee is a manager or senior employee whose knowledge and

c:--:perience gualil)' him or her to judge whether he or s he meets the standa rds
set by the employer: or
(h) !l)e 'dcgree of proless1onal skill that 1s required 1s so high th a t tl1t (X>temial
· consequences or the smallest departure from that high standard are so
serious that even an isola!ed instance or failure to meet the standard may
justil\ lcrmination.
(5) Prior to decision making to terminate the emplcmncnl or an employee for poor
work performance , management should call a 111ct.:1i11g \,·ith the cmplovee, who should
be allowed to have a fellow employee or trade union rcprcsrntativc present to provide
as sistance. At the meeting. management should provide reasons for the . action lo be
.taken and al~,\\· the employee and ior the representatin: to make representations. before
making a decision . Management should consider anY representation s 111adc and if these
arc not accepted _c:--:plain \\·hy. The outcome or the 111ccting shoul<l be co mmunicated to
the cmploYcc in \\Tiling . \Yith brief rea son s .
((J) When con si derin g whether a tenninnlion for incapa cilY i11 re spect or poor \\·ork
performance is fair _ 111a11agcmcnt should con sider the followin g·
(a) ,,·hclhcr or not the emplo~·cc faikd to meet a perlorrnan cc standard:
(b) ir the
.
employee failed lo meet the requ ired standard _ whether o r not-
70
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Employment and Labour Relations (Code of Good Practice) {( ;,{ (rvo ,- , _ " )·~~;F ·, ~ ~l
t• l'-:l.J~t-, & ·'CJ ~ I
G.N. No. 412.\ ~l'S-I· uJJ 1
O,i o
!:-s;oNr: ~ 11
·- R ,,. 1
_, , 1 r f.fs -' 1
(i) the employee was aware or ought to have been aware, of the ~"'?, 0
0,
. es~~~!/ X I
(ii)
(iii)
standard;
the perfonnance standards are reasonable;
the. employee wai given a reasonable opportunity to meet the
--
'~-~t:'-_ ~ /
standard and the reason for the failure to meet the standard; -and
(iv) the dismissal was the appropriate sanction.
INCAPACITY : ILL-HEALTH AND INJURY
7.-(1) In cases of alleged incapacity of an employee due to ill health or injury, a

Manager should consult the employee to identify and analyse the problem. The
manager should be guided by the opinion of a registered medical practitioner in detehnining
the cause and degree of any incapacity and whether it is of a temporary or permanent
nature .
(2) The parties should use their best endeavours during this process to agree on
solutions to the problem . Consideration should be given to the extent of the incapacity
.. :rnd ·-whether it is temporary or permanent, and possible alternatives to termination
should be considered.
(3) Prior to decisi9n making termination of the employment of an employee for ill
health or injury, manai ement should call a meeting with the employee, who should be
allowed to have a fellow employee or trade union representative present to provide
assistance. At thi s meeting, management should provide reasons for the action to be
taken and allow the employee and/or the representative to make representations , before
decision making. Management should consider any representations made and if not
accepted. explain \\·hy. The outcome of the meeting should be communicated to the
e mployee in ,niting_ ,, ith brief rea,s~ ·,s .
(4) When considering whether a termination arising from ill health or injury is fair,
manage men I s hould cons ider the following-
(a) whether the employee is able to perform the work; and
(b) if the er11ployee is incapable-

(i) the extent to \Yhich the employee is unable to perform the \york;
(ii) the extent to which the employee's work circum stances mig ht be
adapted to accommod ate the disability or if not possiole . the ext e nt
to \\ hid1 the e mplo:,;ee 's duties might be adapted ; and
(i 1i) th e availabilit, or an\' s uitable alternative work or emplo:rnent.
I NCOMPJ\T I BI LITY
8-( I) Incompatibilit,· nia, constitute a fair reason for termination of employment.

There are t,,o t, pcs or
incompatibility-
(a) or
u n s uitabilit:· the employee to his or her work due to hi s or her character
or di s pos ition : and
..
71
· -··- - - - --- --
Employmenr and Labour Relations (Code of Good Practice)

G.S . .\'o. -I] fco11rd1
(b) inrnmpatibilitY of the employee in hi s or her work environment. 111 tli:11 I"
or she rel ate s badh· \\ith fellow e!llployees. clients or other perso11 :, 111 11 ,
are important to the business.
(:?) In co mpatibilit y is tre a ted in a si milar \vav to incapaeitv for poor 11 11.\
perfor111n11ee .
(-1) T he steps required in Clause 6 are applicable. read with changes required Ii \ Iii
context. In particular. the employer should -
(a) re co rd the incident s of incompatibility that gave ri se to concrete prolil<-1 11

or disruption: and
(b) \\Mil and counsel the emplo,ee before t~rmination. This should i1wli1ol,
advising the e!llployee of the conduct who has been adversely affeckd 1,,
that conduct_ and the remedial action proposed , ·
(--1) Belon.: termin ating employment on thi s gro_und. the employer should give 11 11
emplO\cc a re aso nabl e opportunity to-
(n) consider and reply to the allegation of incompatibilit\'.'.
(b). remove the cause for disham1011:\': or -
(c) propose an alt ernative to termin ation
~1
'
GI:-:NL-: RAL
9 .-( I) Disciplinary act ion should be recorded on the prpcribed form s. An emplovc.- ,
si P.,naturc 011 any form slrnll not h1~r1n r1rlmi~~inn nfe11il111110 i, m1tr@ly an aolrno ·,•,•lcdgc:111, 1i1
that the employee ha s rece ived the form .
(:?) Writtrn \\arni11gs a nd !inn! writ1e11 warnings should be kept on an emplovr,·

pcrso 11al tile and should remain operative for six months.
(.1 J W here an emplO\ee o r a re pre se ntative unreasonably frustrates or delavs tl11:

1111plc111<..: 111 ;1tio11 of the proce sses provided in the Rules. management is entitkd '"
pr<1c1_·c J 111 their ab srnc c.
(-J) The lcn.:ls or re sponsibility for managing di scipline as indicated in the Ruic 111 :11
ha \·c to be varied in case s where senior managers are being disciplined Approp11:11,
senior ma na ge rs should be used for these purpo ses. and consideration may also be 121 v,·11
111 ce rt ain circumstances of bringing in outside persons to fulfil functions sucli .1·,
cilitiring inquiries in vo lvi11 g se ni or 111anagers
.: I ; !]~
( 5) It 1s rccog1111.cd th at an e111povee·s mi sconduct may in certain circu111 stil 111 ,
rc ~ult 111 c ri111inal proceedin gs being instituted agai nst the e111ployee (e .g cases or ti,, 11
(Ji' ;1s sault) . A clear distinction sho uld be 111ade between criminal proceeding s :111.i
111tcnial d1scipl1nnry proceed ings. Disciplinary action sho uld be in sti tuted a nd dernl, ·,I
l:11rh-. irrcs pcctive or the process and outcome of' any cri1111nal proceedings i11stit111cil
72
DISPLINARY PROCEDURE
This Disciplinary procedure applies to all employees and is a guide for appropriate
:iisciplinary action. As such, it does not detract from management's right to depart
from it depending on the circumstances of each cise it aims to achieve flexibility and
:x>nsistency, and to ensure fairness in the.application of disciplinary actions.
The list of offences is not exhaustive and an employer may discipline any employee
:or good cause even though the specific offence may not be stated in this procedure.
The penalties relate to the commission of the offence in isolation. The existence of
my previous warnings and other material factors should be taken into account in ·
leciding on the appropriate disciplinary action.
OFFENCES FOR WIDCH.WARNINGS MAY BE GIVEN
ABSENCE
Late for work, leaving work place without permission or general time keeping
offences. ·
Absence from work without permission or without acceptable reason for up to

five working days .
..J'STRUCTIONS :1
Failure to carry out reasonaole instructions of the employer.

' .
TORK PERFORMANCE
.Poor work performance without a.9.ceptable reason.
Doing unauthorised private wqrk or matters at the workplace.

~-
iOPERTY
Causing damage or loss to the employer's property or other property (e .g. property
belonging to other employee, customer, client or members of the public), either
through negligence or failure to carry out instructions. /
Misuse or neglect of the employer 's property.
~HAVIOUR
Unacceptable behaviour toward s customers, clients, fellow employees or members

of the public.
.
..
73
,J
Employment and Lab()1tf Relarions (( 'oJc: (f Good J)ractice)
GENERAL
9. General offences and breache~ of organisational rules.
OFFENCES WHICH MAY C0NSTITUTE SERIOUS MISCONDUCT AND

LEADING TO TERMINATION OF AN EMPLOYEE 8 .
ABSENCE
1. Absence from work without ;:permission or without acce_ptable reason for more
than five working days.
INSURBORDINATION
. . '
2. Commission of serious or repeated act of insubordination at the employer or
during working hours against the employer.
POOR WORK PERFORMANCE
3. Habitual, substa}t_ial or wilful negligence in the performance of work.
4. Unacceptable work performance, behaviour or consistent work performance below

average despite at least two written warnings.
,,'
' 5. Dishonesty or any other major breach of trust.
6. Gross incompetence or inefficiency in the performance of work.i

I •' >
7. Lack of skill, which the employee expressly or impliedly claimed to possess.
PROPERTY
8. ~- Causing serious damage (real or potential) to or loss of the employer's prqperty or

other property (e.g. belonging to other employees, customers or clients), either
through gross n~gligence or wilful damage.
9. Theft or unauthorised possession of the employer's property or other property

(e.g. belonging to other employees, customers, clients).
10. Fraud or misappropriation of organisational funds .
BEHAVIOUR
11 . Abusive behaviour, assaults, threatened assaults or other unacceptable conduct

towards other employees, customers, clients, or members of the public.
12. Being under the influence of alcohol or drugs whilst at work or .consuming alcohol
or drugs whilst on duty. ·
74
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, , : . ,·1. ;
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--- ------ --··· =--···----.-'-,--
/Qyment and Laboitr Re/qfff!l~-- (f~~~ gf Good PracticJ)

lENERAL
3. Other serious breaches of organisational rules or policy which hl\"C t~ effect of
causing an irreparable break down in the employment relationship.
4. Criminal convictions relating to an offence wh~h impacts dim:tty or indirectly,

on the employment relationship.
PART I
HEARING FORM
robe completed by the manager conducting th~ hearing)
Name of employee : ..... .... .. : . ....................... :.. .. . ... .... .. ' '.' .. . .. ...... . ......... .
NartlC of chairperson : ..... . ........... . . .-:- : .................... ........... . ........... .. . . ... . ..
Summary of allegations against employee : ~-- .. : ..... :..... . .................. ....... ..
~'.
Date and time whlct the employee was informed of the hearing:
•• • • · 1· • •• • • • • - - • • • • ••• • - • - • • • • • • • • • • • • • • • •• • • - • - • • • • - • • • • • • • • • • - • • • • • • •• • ••• • ~ - • - • - • • •• • • • • • • • •
Date and time of hearing: .. .. ..... ..... . ............. ......... .... .. ...... .. .. ... ... .... .
Persons present at hearing (exclud_i~g·witnesses) and their designations:
... .... .. ........ . ... .... .. -·· ··· ... .......... . ... -- · --- ... .. ... .... ... ..... ..... ....... . ....... ... .. .
(a) Employee does/does not wish to have a representative present (delete

whichever docs not apply). Name of representative:
..... ..... .... ... ..... ... ..... .... ..... .... ......... ...... ... ..... .. . ·-· ..................... ..,..
:b) Employee does/does not wish to have an interpreter (delete whichever does
not apply). Name of the interpretc~:
..
• • • • • •• • • • •• • • •• •• • · - · • •• • • • • • • • • • • • • • • • • • • 1 • • • • -- - ••• • • ••• • • ••• • • • •• • • • • • • • • • •• • • • • • • • • • • • • • • •
75
. Employment and Labour Relations (Code of Good Practice) - ·
8. Brief summary of employee's response to allegations:
··) .
9. Summary of evidence, main points of evidence (names and designations of
witnesses giving the evidence) (additional paper to be used if sufficient space
is not available on this form :
;~
~
, . . . .. • .•• .... .... ...... .... .. ... ... .... ...... . .. . ...... .... .. .... .. .. . ... .. . .. .. . . ... ..... . ... .... . .
1i' ·
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76
Employment and Labour Relations (Code (~l Good Practice)
G.N. No . .:/2 (contd.)
FORMAL C:il<.IEVANCE PROC EDURE

STAGE ONE
3.-(1) The emrloyee must outline the grievance in \\Tiling and suggest for a rossible
remedy in the prescribed formal ·gsicvance form. The Ma11agcr \\ho de.alt with the
grievance in the i11for111al grievance stage must fill. the steps tal,;1.:n to re so lve the gnevance.
comment and any suggested remedies .
(2) Where the employee's immediate manager"deals \Yith grievances at Stage two of
this procedure. the employee should discuss the grievance verballv with that person in
terms of subclau sc C::!) of clause before completing a formal grievance form Stage two
of this procedure shall be dealt with by a senior manager.
STAGE TWO
4.-{ l) Once the Manager dealing \\ith the grievance in stage two ha s received a.
formal grievance form . should invite the aggrieved emplon:e to attend a grievance
meeting to di sc us s the matter and should use best endeavour.s to resolve the grievance
within ten worl,;i11g days or a11v other reriod agreed bct\vce11 them . ·
'
j.
(2) The Ma11ager dcali11g \Yith the grievance in this stage mav agn.:c \\ith the ernplovec
and the emplO\·ee·s representative. on the appropriate procedure to 1·0110,,-cd i11 each
case . This may invoh·e calli11g a meeting of aggrieved parties. a11d facilitation of mcdiatio11 .
arbitration. a commission or i11quir:,-- or any other procedure that ma\ be deemed
appropriate _in the circumsta11ces .
(}) ·,Where it happens that the employee is still aggricvcJ . 11ot\\'ithstanding the
efforts to resolve the disputes in terms or subclausc'2 the employee mav use mea11 s
a,vailable i11 law for the protection for the emplo\ce·s right s.
FORMAL GRIEVANCE FORM

~
(To be eompktcd h,· the emplO\'eC lodgin g the grie\a11cc in terms or stage 2 or the
grievance proccdu re)
Name or the t:111plmcc: Se\:
Cause or the gm:, ancc :
Solution sought:
llh: sig.n,1turc nl° til e cmplo,L·c date :
The sign:1tt1rL' 01· thL' unplm CL' ·s rL·prcsc11tat1n: ..

dntc
80
.:/... • ;·• . .::. ·:;,-_·: '"·> --'t(·.:,;'.; ' "
~·
-- · --...._._--.·-·---·- -·--··
Employment and Lab;u/ 'ilelat/;;;1· (Code of Good Practice)

N No . ./2 (contd)
The signature of the Senior Manager Date
The signature of the employee Date
~
The signature of the employee's Date
repre se ntative
GRJEVANCE PROCEDURE OUTLINE ,.
Informal Grievance
Grievance
Stage
Raise with Manager

~~
Unresolved Resolved
(5 working days)
Stage I Complete form

., l
i
Stage 2 Meeting
Agreed
l
options
Facilitation
Mediation
Arbitrat~on
Inquiry
Other _..
Unresolved Resolved
"
(10 working •
days)
Employment and
Labour Relations Act
,:J}i<, :;.. ·:~'· '(f'.'i;> ';l,c-:,:·: \\>t/::r;/-\}~ .~:·<t·-~ ----,
-~;·_--!... ~.,.~~- 6.
Employment ond J,ahour.JJ,e.fptions (.Code of Good Practice)

G.N f..1(/ :r§rcontdJ
(4) The managcmc111 shall allow the consulting parties referred to in Clause 2.1,.
an opportunit\ to pn.:pare and to make rq1rcscntations on matters being consulted
on 9.
(5) The management shall co11sider a nd respond to any representations made and,
if m~nc).ge1m:11t disag(ce ,,ith them._state reasons for disagreeing and the management
shall have to respond in ,,-riting. to any represl';ntations. made irf writing..
DISCLOSURE OF INFORMATION ·-1.'.-
3.-(1) Th<.: management shall disclose to the Gonsulting par,ties referred to above, all
the relevant information on the intended retrenchment, t.o enable mea11ingful consultation
to take plac<.: on the range of issues referred to in Cla~1se 2 .
(2) Not,\ithstanding sub-clause_( l ). the management shaU not .be i'equir.e·d to disclose
confidential or privilcgcd information and the informati'on shall be confidential or
privileged it._
(a) it is leg,ilh pri,ilegcd :

1
\.
(b) the emplo, n may not disclose that information without contravening a
let\\' or an ordcr of court:
(c) it is co11tidcnti·a1 and if disclosed_ rnav cause su.bstantial ~rnrm to an

employee or the "ernployer:
(d) it is a pri.,·'ate and perso nal information relating to an employee and the
cmploye·e has not consented to its disclosure.'
<i'
SELECTION CRITIJ~I/\'"
4 .-(l) Employee to he rctrenched shall be selected according to the crite.ria that

agreed or which are foir and objective . .I
(2) These criteria sha ll take into account foctors such as the following-
(a) the emplovees · length or scrvicl'. . \\'ith employees be•ng selected according
to the LIFO principle (last-in-t'irst-out):
(b) the need tor the efficient operation of the organization:
(c) the need to retain kc\ jobs and skill s: or
(d) the ability. e.'.:perie1icl'.. sk ill or occupational quali!ications or employees

or affi rmative action criteria .
84
____ ,_
G.N. No. 42 (coi1id.)
SEVERANCE BENEFITS
5.-{l) Subject to Section 42 of the Act, an employer shall pay severance pay to a
retrenched employee at least ~quivalent to seven days ' basic wage for each completed
year of continuous service with that employer up to a maximum of ten years.
(2) Notwithstanding the provision of sub-clause ( l) severance pa shall not be paid

to an employee who has not completed twelve months of continuous service .
(3) The employer's obligation to pay severance pay shall fall away where the
employee unreasonably refuses to accept alternative work with that employer or
alternative employment with any other employer.
THE WORK OPPORTUNlTIES FOR PREFERENTIAL RE-EMPLOYMENT
6.--( I) Retrenched employees expressing an interest in future re-emplovment shall

be giveh preference in ·re-cmployme11t iL the cm plover within two years of retrenchment
seeks to re-recruit emplo .v~cs .. in. comparable occupation s.
(2) In these circumstance s; the management must take reasonable steps to inform
the retrenched employees_ any union existing \York place .and any...registered. union with
members employed by the firm , or" thes1.: emplorn1ent opportunities .
>I.,•
DEPARTURE FROM THE PROCFl)lJRE
7 .-(l) Subject to Section 99(3) of the /\cl. these procedures shall not be applied in
an inflexible manner and ·'111anag1.:nH.:11t ma\· deviate from them• in appropriate
circumstanc~s.
(2) Where the management depa rt s 1·ro111 these procedures. shall justify th1.: !_!round s
for departure.
(3) The management sh;11i at all ti1ne act in ;1 L1ir 111 <1 1incr ;1ml to co n sider the intnests
of the employees to be rctrcm:hed .
85
. ..... ·....
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-- --·--r
Employment and Labour -Re:l:a#ons (Code of Good Practice)

G .N. No . ./2 (co 1J(d.)
RETR ENCf·L\1.ENT PROCEDURE
OUTLINE
RETRENCHivfENT PROCEDURE
OUTLJb'F,
.POSSLBLE RETRENCHMENT
p
) !_
-/
- - n
DISCLOSURE OF INFORi\'1A TJON
0
CONSULTAT!ON
n,.
•/
1, . ·11
·====;i
I l' OPTIOJs TO
lI <:1----
·
AVOID/l'v1Il-../I:MISE
RETRENCHMENT
_:_j
11
SELECTION CRITERIA
D
RETRENCHM"'ENTPACKAGE
D
RETRENCHMENT
~
J\/~
OPPORTUNITIES FOR PREFEREN11AL RE-ErvlPLOYMENT
Dar es Salaam, Z. CHILIGATI

JOHN
24th January, 20(>7 J\dinis.ter for Labour, Employment
and .Youth Development
86
GOVERNME NT NOTIC E N o. 64 published on 23 /3/2007
THE LABOUR INSTITUTIONS, ACT,

(No . 7 OF 2004)
RULES
Made under section J5(J)(e)
THE LABOUR INSTITUTIONS (M EDIATION AND ARBITRATION)

RUL ES. 2007
Citation Title .
j
,
ARRANGEM ENT OF RULES
PART I
I. Citation and Commencement.

2. Interpretation .
PART II
SERVICE AND FILING OF D OC UMENTS
3. Opening hours of the offices of the Commission.

4. Calculation of time.
5. Signing of documents.
6. Service of documents to other party.
7. Proof of service of document.
8. Filing of documents with the Commission. -~
1:.·
9. Documents and notices sent by registered post.
1O;, Time limits for referring.
I I. Seeking of condonation for documents delivered disputes late.
87
·,-·: ......
~?~~ ·"·· ·. ·... ~~~t::;~,~~~t~~:~;~·,·~::·.-:.:,;;:. ·_.

~i··~!e-~c
·· ·:: Labour lnstitut.fohs (Mediation and Arbitration)

G N. No. 64 (contd.)
PART III
MEDIATION
12. Me~hod of referring dispute to the Commission.

13. Notice of mediation hearing.
14. Other means of dispute resoiution prior to mediation.
15. Jurisdiction to mediate the dispute.
16. Issuing of certificate of settlement or non-settlement.
17. Non- disclosure of mediation proceedings.
PART IV
COMBINED MEDIATION AND ARBITRATION PROCEEDINGS
18. Combined mediation and arbitration proceedings.
1
(,
PARTY
ARBITRATION
19. Notice of arbitration hearing.

20. Determination of jurisdictional issues.
of
21. Postponement arbitration .
PART VI
RULES THAT APPLY TO MEDIAfION, ARBITRATION AND COMBINED
PROCEEDINGS
....
22. Venue for mediation and arbitration proceedings.
23 . Representation before the Commission.
24. Joinder or substitution of parties to proceedings.
25. Correction of error or defect.
26. Consolidation of disputes.
27. Di5closure of information and production of documents.
28. Dismissal of proceedings for non- appearance.
88
• J;•' -'f...-.
.-.. ")!
-------
labour !nstitutions;(Mediation and Arbitration)

THE LABOUR INSTIJ'UTIONS:ACT, 2004
(No.7 or- 2004)
RULES
Made under section 15(1)(-e)
Tl IE LABOUR INSTITUTIONS (MEDIATION AND ARBITRATION)

Rlll.ES. 2007
PART I
11
Citation
a nd com-
I. These Rules may be cited as the Labour :Institutions (Me.diation
mence- and Arbitration) Rules, 2007.
men!
2. In these rules unless the context requires otherwise-
lntrrrn·-
., C otYlltl ission '' means the Commission for Mediation and Arbitration
tation
established b/ ,section 12 of the Labour ln~titutions Act and shall
include a mediator or an arbitrator appointe'd by the Commission;
"day" means a calendar day;
"deliver" means serve on other parties and file with the Commission;
"Labour Court" means the Labour Division of the High Court
established by section 50 of the Act and includes a11y Judge of the
Court; ·
"party" mer any party to the proceedings before the Commission;
"rules" me· .s rules for the conduct of proceedings before the
Comrr<ssion for Mediation and Arbitration;
"serve'· means to serve in accordance with rule 6 and "service" has a
corresponding meaning;
"sum!11ons" means a formal document issye:µ by the Commission
commanding a person named therein to appear before it at a certain
time and place for purposes specified therejn;
"taxing officer" means any person appointed as such by the
Commission in terms of rule 34 of these Rules .
90
Labour Jns1i111tions (lv!ecliation and Arbitration)·
G N. No . 6-1 (c.:onrc/.J
PART II
FILING AND SERVICE OF DOCUMENTS
3.-( I) The offices of the Commission shall be open every day from Orrning
hours ,1r
Monday to Friday. except public holidays. between the hours of 07.30
the
and 15 .30. or as mav be determined bv the Commission .
J ~
offices
of the
(2) Documents may be filed with the Commission during the hours Commis-
referred to in sub-rule (I). sion
(3) Notwithstanding sub-rule (2), documents may be faxed at all

tim e to the Commission .
-'-l ( I) Subject to sub-rule (2), for th e purpose of calculating any Calcul a-

t iu n
···-·······-····· ..per i(, rl of time in terms of these rules. the first day shall be excluded
and (lie last day shall be included .
ur tirni:
( / · The last day of any period must be excluded if it falls on a

Satt 1r,::1 y, Suq:p ay or public holiday.
'
5 --{ l) A document shall be signed by the party or any other person Signing
entitled under the Act or these rules to represent that party in · the ofdocu-
rncnts
proceedings.
.•.
(2) Where proceedings are jointly instituted or opposed by more
than one employee ,,,documents may be signed by .an employee who is
mandated by the other employees to do so .
(3) Subject to sub rule (2) a list in writing, of the employees who
have mandated a particular emoloyee to sign on their behalf. must be
I I
attached to the document. The list must be signed by the e·inployees

whose names._appear on it.
6.-( I) A party shall serve a document to the other party - Service
(a) by delivering or handing a copy of the document to

or docu-
ments to
( i) the person concerned; other
( ii) a representati -1e authorised in writing to accept service on party
behalf of the person;
(ii.i) a person who appears to be at least 18 years old and i(1
91
· -··- ··-• - -•~ · " ' - ·-oS,c~ - ~ : : : : ,;
_:• ; ;. ; ,~. _i;;.l_~..~~:;lil;illiiiiit'i~
. :~~~a
... ,-.,.
Labour Institutions_(M~diJtion a'ridArbitration)

··"'
charge of the person's place of residence, business or place
of employment at the time;
(iv) a person identified in sub-rule (2);
(b) by leaving a copy of the document at-

(i) an address chosen by the person to receive service;
(ii) any premises in accordance with sub-rule (3);
( c) by faxing a copy of the document to the person's fax number,

or a number chosen by that person to receive service ;
(d) by sending a copy of the document by registered post to the

last-known address of the party or an address chosen by the
party__to._receiye__se..rv..ic.c::.,. .
(2) A document may also be served to-

1
L
1
(a) a company or other body corporate by handing a copy of the
document to the person in charge or acting on behalf of the
person in charge at its registered office, its principal place of
business within Tanzania or its main place of business within
the area) n~which the dispute first arose;
(b) an employer by handing a copy of the document to the person

in charge or acting on behalf of the person in charge at the
workplace where the employees involved in the dispute
ordinarily work or worked;
(c) a trade union or employers' organi satioi1 by handing a copy of

the document to the person in charge or acting on behalf of the
person in charge at the main office of the union or employers'
organisation or its office in the area in which the dispute arose:
(d) a partnership , firm or assoc1at1on by handing a copy of the

document to the person in charge or acting on behalf of the
person in charge at the place of business of the partnership,
firm or association or, if it has no place of business, by serving
a copy of the document on a partner, the owner of the firm or
the chairman or secretary of the managing or other controlling
body of the association, as the cas e may be;
92
Labour Institutions (Mediation and Arbitration)
(e) a statutory body, by handing a copy to the secretary or similar
officer or member of the .board or committee of that body, or
any person acting on behalf of that body; or
(f) the Ministry or local government authority, by handing a copy

to the person in charge or acting on behalf of the person in
charge at its head office or its office in the area in which the
:!;ti~eute arose .
: ···;..,:..__•:!>.,,.__
(3) Where a person,.~idenUfiecl--.in . .§.up-rule (2) is not willing to accept

service, such service may be eff~~'fed-, hy ~. ~tfi2<;ing a copy of the
document to the main door of the premises-co~-cerned .
(4) The Commission may order service in any appr9.pr.J<:1.r~. l_!.l.?.~.f.l.~L..... -........ .
oth er t~an those prescribed in this rule .
7 ... ·( I) A party shall prove that a document was served in terms of Proof or
service
th esr; ru les by providing the following :
of
(a) pt;pof of mailing the document by registered post to the other docu-
1
party; ment
(b) the telefax transmission report indicating the successful
transmission to the· other party of the whole document; or
(c) if a document was served by hand.--
.
(i) with a _t 6py of a receipt signed by, or on behalf of, the
other party clearly indicating the name and designation of
the ,,recipient and the place, time and date of service; or
(ii) with a statement confirming service signed by the person
who delivered a copy _of the document to the other party
or left it at any premises.
(2) Where proof of service in accordance with s~b-rule (I) is

provided, it shall be presumed until the contrary is proved otherwise,
that the party on whom it was served has knowledge of the contents of
the document.
•, I•/
(3) A party shall serve on the other party the original of a document
filed by him through fax if such other party requested to be served
through fax .
93
Labour Institution~· (Mediation and Arbitration)
G. N No. 64 (contd.)
(4) A party shall be required to comply with such a request within
seven days of the request
(5) Subject to sub-rule (3) the Corn mission may accept proof of
service in a manner other than those prescribed in this rule, if the
Commission believes it is sufficient.
Filling 8.-( I) A party shall file documents with the Commission at its head
of docu- office or office in the area in which the dispute arose-
ments (a) by handing the document to that office;
withihe
(b) by sending a copy of the d0cument by ·registered post to that
Commis-
sion office; or
( C) by faxing the document to that office .
(2) A document shall be said to have be.en filed to the Commission

when - •J
(a) '~ it is handed to the office as specified in rule 7( I);

(b) it is sent by registered post and received by the office as
specified in rule 7( I); or
(c) the transmission of a fax to the office specified
~ . .
in rule' 7(1) is
completed.
(3) A party shall only file the original of. a document fil~d by fax,
if requestecf'to do so by the Commission . A party shall comply with a
request to file an original document within seven days of the request.
Docu- 9. Any document or notice sent by registered post by a party or the

ments Commission may be presumed, within seven days after it was posted
and
to have been received by the person to whom it was' sent.
notices
se nt by
regis-
tered
post
Time 10.-( I) Disputes about the fairness of ai:i employee's termination of

limits for employment must be referred to the Commission w'ithin thirty days
referring from the date of termination or the date that the employer made a final
disputes
decision to terminate or uphold the decision to terminate.
(2) All other disputes must be referred to the Commission within

sixty days from the date when the dispute arised.
~::-:-~
,i~-
:JI:
: ~ (

G N. No. 64 (contd)
I I.--( I) This rule applies to any dispute, referral document or Seeking
application delivered outside the applicable time prescribed in the Act of con-
donation
0r these Rules. 1·.
for docu- f:·:
ments
(2) A party shall apply for condonation, by completing and delivered
delivering the prescribed condonation form when delivering the late
document or application to the Commission . This form must be served
on all parties to the dispute.
l
~
~
. (3) An application for condonation shall set out the grounds for
seeking condonation and shall include the referring party's t,r:i>.-
submissions on the following- a·
i
R
(a) the degree of lateness;
~
(b) the reasons for the lateness; ~-
(c) its prospects of succeeding with the dispute and obtaining the lJ
relief sought against the other party;
(d) an~ prejudice t~ the other party; and ~
( e) any other relevant factors.
I
. ( 4) The application condOnation shall be processed in accordance
with Rule 29 of these Rules . . i
(5) Where the Gommission's prescribed form is correctly
completed, served on· ;11 parties to the dispute and delivered to the
Commission, the a,pplication shall be deemed to have been properly
lodged in terms o r"rule 29 of these Rules.
(6) The Commission may assist a referring party to comply with

this rule.
PARTIH ..1·
MEDIATION
12.--( I) A party shall refer a dispute to the Commission for Method

mediation by completing and delivering the prescribed form ("the of refer-
,.,~ referral document"). ring dis-

putes to
the
(2) The referring party shall-
l: Commi-
I:~:I
;~{
95
ssion
G. N. No. 64 (c ontd.)
(a) sign the referral document in accordance with rule 5 ;
(b) attach to the referral document ; a written proof, in accordance
with rule 6, that the referral document was duly served on the
other parties to the dispute;
( c) if the referral document is filed out of time, attach an
application for condonation in accordance with rule I 0 .
(3) The Commission shall refuse to accept a referral document until
the requirements of sub-rule (2) has been complied with.
Notice of 13.-{ 1) The Commission shall give the parties at least 14 days
the
notict in writing of the mediation hearing unless the parties agree to a
medi a-
shorter period of notice .
tion
hearing
. .(2) . The. parties shall be given at least seven days notice of any
further ~oeetings, although the parties may agree to a short period of
-noti'ce :·· ····· ···-· · ·· - · · · ··· ·· ··· · ··
(3). The notice inviting the parties shall state the date, time and
place of attendance .
..
>{
Other ' 14 . The Commission may contact the parties by telephone or other
means of mean s, prior to the commencement of the mediation, in order to seek
dispute
to resolve the dispute .
resolu 0
tion prior
LU tht
com- .
mence-
ment of
media-
tion
Jurisdic- 15. Where · it appears during mediation proceedings that a
tion
jurisdictional issue relating to mediation has not been determined, the
to
mediate mediator shall require the referring party to prove that the Commission
the has the jurisdiction to mediate the dispute .
dispute
Issuing
16.-{ 1) The mediator shall issue a certificate as soon as is
of cer-
tificate practicable after mediation has been finalised, stating whether the
OT settle- dispute has been settled or not.
ment
or non-
setlle-
ment
96
I

G N. No. 6./ (contd.)
(2) The mediator shall, in the certificate, identify the nature of the Act. ·
dispute for the purposes of determining what rights the parties have in No.6
of 2004
terms of the Employment and Labour Relations Act.
(3) Where the dispute remains unresolved, irrespective of what was

stated in the dispute referral form, the mediator's certificate shall
determine the nature of a dispute.
(4) The mediator shall issue the certificate within the 30 days
period referred to in section 86( 4) of the Employment and Labour
Relations Act,.
17 .-(I) No person may refer to anything said at mediation Non -

proceedings __during __any _subsequent proceedings, unless the parties disc lo-
su re
agree in writing. of medi-
ation
(2) No pers(on, including a mediator, may be called as a witness proceed-
during any subsequent proceedings in the Commission or in any court ings
to give evidence about what transpired during mediation.
PART IV
COMBINED MEDIATION-AND ARBITRATION PROCEEDINGS
-'
Combin-
18.-( 1) Subject to section 19(7) of the Act and section 88(3) of the
ed medi-
Employment and Labour Relations Act, the Commission may set down ation and
a combined mediation arbitration process on the same date which may arbitra-
be conducted by the same person. tion.
Act No.
(2) The Commission shall give parties at least fourteen "days'
6 of
notice in writing that a dispute has been set down as a combined 2004
mediation arbitration procedure, and the notice must specifically state
that it is a combined processing.
(3) The parties may agree to a shorter period of notice.
(4) The appointed person shall determine the duration of the

process in an attempt to resolve the dispute through mediation. The
parties shall clearly be advised when the mediation terminates and
commences of arbitration .
.
97
Labour Institutions (Mediation and Arb[f.ration)
..G N. No. 64 (contd.)
(5) Nothing said during the mediation phase shall in any way be
used as evidence in the arbitration proceedings, unless rt
is agreed
between the parties . in writing.
(6) Where the same person is to conduct both mediation and

arbitration that person-shall conduct the mediation process in a manner
that does not compromise that person's ability to arbitrate the dispute.
(7) Where a party fails to arrive at the prGcess, the provisions of

section 87 of the Employment and Labour Relations Act, 2004 shall
apply.
(8) The mediation and arbitration phases of the proceedings shall

be governed by the provisions of these rules applicable to the
mediation and arbitration phases respectively.
PARTY
.·1
' ARBITRATION
Notice of . I 9. The Commission shall give. the parties at ieast fourteen days'
.
an arbi- notice in writing of an arbitration hearing 1 unles~ thr. partieo ngn:c lU a

tration
shortr:r peri?~d.
nouring
Determi- 20. Where during the arbitration proceedings it appears that a

nation of jurisdictional issue has not been determined, the arbitrator.shall require
jurisdic-
the . referring party to prove that the Commission has jurisdiction to
tional
issue
arbitrate the dispute.
Postpone-
ment of 21.-{ I) An arbitration may be postponed by-
arbitra- (a) an agreement between the parties in terms of sub-rule (2); or
tion
(b) an application in terms of sub-rule (3 ); or
( c) an arbitrator for good reasons.
(2) The Commission shall postpone an arbitration without the

parties appearing if -
(a) al I the parties to the dispute agree in writing to the
postponement; and
98
labour Institutions (Mediation and Arbitration)
G N. No. 6-:/ (contd.)
(3) A mediator or arbitrator may make an order in tenns of sub-rule (2)-
(a) of own accord;
(b) on application by a party; or .
(c) if a person entitled to join the proceedings applies at any time
during the proceedings to intervene as a party.
( 4) Where in any proceedings it becomes necessary to substitute a

person for an existing party, any party to the proceedings may apply to
the Commission for an order of substituting that person.
(5) An application in terms of this rule shall be ·made ir1 terms of

rule 29 .
(6) When making an order in terms of sub-rule (2) or (4), a

mediator/arbitrator rhay-
d (a) give appropriate directions as to the further procedure in the

proceedings ; and
(b) make an order of costs in accordance with these rules.
(7) An a,pi,lication to join any person as a party to proceedings or

to be substituted for an existing party shall be accorhpa.n ied by copies
of all do.c uments previously delivered during the proceedings, unless
the person concerned or that person's repre·sentative is already in
possession of the documents .
(8) Subject to any order made in terms of suq-rule 6, a joinder or

substitution in terms of this rule does not affect any steps already taken
in the proceedings.
Correc- 25 .-{ I) Where a party to any proceedings has been incorrectly or

tion of defecrively cited, any party may apply to the Commission and give
error or
de,(cp
notice. to the parties concerned for correction of <:;rror or defect.
(2) Subject to sub-rule ( 1), the application shall be made m
accordance with Rule 29 .
(3) The Commission may correct the error or defect on its own
accord, after giving notice to all parties concerned,
100
G N. No . 64 (contd.)
26. The Commission on its own accord or on application il1 Consol i-
dation of
accordance with Rule 29 may consolidate more than one dispute so
disputes
that the disputes may be dealt with in the same proceedings.
27.-{ I) Any party may on application in accordance with Rule 29 Disclo-
or at any stage during the proceedings, request a mediator or arbitrator su re of

informa-
to make an order as to the disclosure of relevant information and tion and
production of documents. produc-
ti on of
(2) The parties may agree on the disclosure of information and docu-
ments
production of documents.
. .· .
28.-{ I) A mediator is entitled to dismiss a complaint, if the Dismi s-
sa l of
complaint fails to attend a mediation hearing during the initial thirty
· proccc9-
days period sECTOr···iri"i:"diafio"i1·,n
ferins of Section ·86(4) of the ings for
Employment and Labour Relations Act. non-
appear-
(2) An arbitrator ' is entitled to dismiss a complaint if the referring
a nee
party fails to attend an arbitration hearing. Act No.
6 of
(3) The mediator or arbitrator dismissi'ng the complaint, shall 2004
satisfy himself that the parties were properly notified of the date, time
and venue of the proceedings, before making any decision in terms of
sub-rule (I) and (2). ·
.,.
(_4) Where a matter is dismi ssed, the Commission shall send a copy
of the ruling to the parties .
PART VII
APPLICATIONS
29.-{ I) Subject to Rule I 0, this Rule shall apply, to any of the App li ca-
following- ti ons
(a) condonation. joinder, substitution , variation or se tting as ide
an award;
(b) jurisdictional disput e;
(c) other applications in terms of these Rul es.
(2) An application shall be brought by not ic e to all persons who

have an interest in the application .
101
G. N. No. 64 (contd.)
(3) The party bringing the application shall sign the . notice of
application in accordance with Rule 5 and shall contain-
(a) the title of the matter;
(b) the case number;
(c) the relief sought;·h~
(d) the address for service and delivery of documents and
proceedings;
(e) that any party that intends to oppose the matter sh al I de Iiver a
notice of opposition and an affidavit within fourteen days
after the application has been delivered to it~
(f) that the application may be heard in the absence of a party that
does not comply with sub-paragraph ( e ); and
(g) that ;:i . schedule · is included listing the documents that are
material and.relevant. to the application.
(4) The application shall be supported____by__ _an . _affidf!YiL .s~tting
clearly and ·concisely the following-
(a) the names, description and addresses of the parties:
(b) a statement of ·the ··material fa cts in chronological order, on
,'. which the application is based and sufficient details to enable
any person opposing the application to reply to the fact s;
(c) a statement of legal · issues that arise from the material fact s,
sufficiently, to enable any party to reply to the document ;
(ri) groundg for condo1rnti011 i11 accu r·uat1ce, with rule IO where
th~ apprication is filed out of time; and
(e) certificate of urgency if filed, shall state reasons why the
matter cannot be dealt with in accordance with the time frame
prescribed in these Rules.
(5) Any party opposing the application may deliver-

(a) a notice of opposition and a counter affida vit within fourteen
days from the day on which the application was served on that
party; and
(b) a notice of opposition and a counter affidavit shall contain the
information required by sub-rules (3) and (4) respectively.
(6) The party initiating the proceedings may deliver-

(a) a reply to counter affidavit within seven days from the day on
which any notice of opposition and a counter affidavit were
served; and
102
/ /
!'- ,.. - ,. . . ;. ; .,. . , ,: ;:··\. . .: - - ~· .·: ·; ·... ..,--=.
--- ----~----- --- ---- --
Labour JnstitutiQns (Mediation and Arbitration)

G N No. 64 (contd}
(b) a reply to counter affidavit shall address only issues raised in
the counter affidavit and may not introduce new issues of fact
or law.
(7) The Commission may permit the affidavits referred to in this

rule to be substituted by a written statement.
(8) In an urgent application, the Commission-

(a) may dispense with the requirements of these rules; and
(b) may grant an order against a party that has had reasonable
!'}Otice of the application.
(9) The Commissi·on shall allocate a date for the hearing of the
application once an affidavit ·is delivered, or once the time limit for the
_delivering a counter affidavit has la·psed, whichever occurs first.
( 10) Subject to sub-rule (9),. the Commission sh al I notify the parties

of the date, time anti place ofthe hearing of the application and the
applications may be heard by way of motio·n.
( 11) Notwithstanding this rule, !he Commission may determine an

application in any manner it deems proper.
30.--( I) An application by a party to correct or set aside an Correct-

arbitration award in terms of Section 90 of the Employment and ion and
setting
Labour Relations Act shall be made within fourteen days from the date aside of
~·n which the applicant became aware of the arbitration award. arbitra-
tion
(2) ~ n arbitrator may on his own accord correct an award in terr;ns awards
of Section 90 of the Act, within the time period stipulated in sub-rule
Act.
( J) and shall re-·.issue the corrected award with a written explanation of No. 6
th e correction. of 2004
PART VIII
MISCELLAi'JEOUS PROVISIONS
31. The Commission may co.ndon~ any failure to comply with the Condo-
nation
time frame in these rules on good cause. for fail-
ure to
comply
with the
rules
103
G N. No . 64 (contd.)
Record 32.-(1) An arbitrator shall keep a record of the arbitration
of arbi- proceedings with legible hand-written notes or by other means of
tration
proceed-
electronic recording.
ings (2) Where the arbitrator records the proceedings through hand
written notes, the arbitrator niay not be required to record the
proceedings word by word.
(3) The arbitrator is entitled to summarise the evidence and

arguments submitted by the parties and record all key issues relating to
the dispute.
(4) A party may request for a copy of the hand-written notes or the
transcript of an electronic record or a portion of a record kept in terms
of sub-rule ( 1), upon payment of the costs of the transcription.
(5) After the transcript maker of the electronic record has certified
that it is corre-ct;-lh"e...recordsh:illhErefijrned to the Commission .
(6} The transcript of an electronic record certified as correct m

te,rms of sub-rule ( 4) shall be presumed to be correct, unless the Labour
Court decides otherwise.
Issuance 33 .-(1) Any 'p arty who requires the Commission to summon a
of sum-
mn n-;
person in terms 'of Section 20 of the Labour Institutions Act, shall
complete al}d,~file the prescribed form with the 'Commission together
with a wrirt,e n reasons setting out why the evidence of the person to be
summoned is necessary.
(2) An application in terms of sub-rule ( 1), shall be filed wit~1 the

Commission at least fourteen days before the hearing or as di~'ccted by
the Commissioner hearing the dispute.
(3) The Commission may refuse to issue a stm1n:-1ons if-

(a) the party does not establish why the evi_jence of the person is
necessary;
(b) the party summoned has not bee:;1 given a reasonable period in
which to comply with the Sl.'.mmons ;
(4) A summons shall be s~:rved on the witness by the person who

has requested the issua:nci: of the summons or by a person appointed
by the Commission , cJ.t, least seven days before the sched~led date of
· the hearing.
104
/
; '-. ._-_>'~>__ ::,' :_--~~-- -~-·-,:; -_-.. _-_•_' -____ --- - . -~--l
Labo~/Jnstituli;ns (Mediation and Arbi.tratiDn)

~~~~~~~~
C N. No . 64 (contd.)
34.-( 1) The arbitrator may make an order for cost.s ;,nan arbitration Taxation
in terms of Section 88(8) of the Employment a~1cl, Labour Relations of bill
c,f costs
Act, if a party or person representing a party ?A'ded in a i\·ivo.lous or
vexatious manner.
(2) The Commission may appoint t,:;.;.ing officers to perform the
functions of a taxing officer in terms r~f the$e rules.
(3) The taxing officer shall 'tax any bill of costs for services
rendered in connection with ~.:,roceedings in the Commission on the
prescribed Commission's t·_driff1 unless fhe parties have agreed to a
different tariff
(4) During the tr<xation 'bf any bill of costs, t.he taxing officer may
call fo,r an~ _bo,:;K, document, paper or account that, in the taxing
9fficer s opm·,on, is neces·sary to properly determine any matier arising- ---·-- ·-- --· . .... . .. · ··· · .
from the t·_c1xation-.
·- . . l) . . . ,· . . .
',)) Any.person r'equestmg a taxation sha_ll complete the prescribed
·caxatitYh form and shall satisfy the taxing officer -
(a) that party's entitlement to be present at the taxation; and
'(b) that the party liable to pay the bill has been served with a
notice of the date, time and place of the taxation.
(6) Notwithstanding notice inay not be necessary to be given to a

party~
..,
(a) which failed to appear or to be represented at the hearing; or
(b) which consented in writing to the taxation taking place in that

party>s -absence.
(7) Any decision by a taxing officer shall be subject to review by

the Labour Court.
35.-( 1) Proceedings before the Commission may be conducted in Language

ofthe-
,either English or Swahili languages.
Commi-
ss1on
(2) The award shall be delivered in the language of the
proceedings.
Dar es Salaam, ADAM NJANGA SIMBEYE,

9th March, 2007 Chairperson of the
Commission
- -- - ------ -
_______E---:m_ploy;"!_!?nt and Labo1;1r }!_elations (Forms)
GoVERNMENT NOTICE No. 65 pubfo,:'1eo' on 23/3/2007
THE EMPLOYMENT Al\%>' LABO~R RELATIONS ACT,

(No.,. 6 Qt' 2004)
RULES
0
Made under section 48,50,52,61,64,67,D ,f), 98
THE EMPLOYMENT AND LABOUR RELATIONS (FORMS) RULES, ][.h." 7
1. These Rules may be cited as the Employment and Labo~..lr

.~Relations (Forms) Rules, 2007.
.
2. The Forms set out in the Schedule shall be forms which
shall be used in all matters to which they refer.
3. Th_~_forms contained in the Schedule may with the approval

of the· Commission, be modified, adopted or altered in
expression to suit the circumstances of each ·c ase; and any
variation from such form not being a matter of substance shall
not affect the validity or regularity of the form.
SCHEDULE
106
Emplqyrrient and Labour Relations (Forms)
G .N. No. 65 (a:ntd.)
CMAFl
FOR..M NO.l
Under section 86J(,J)
REFERRAL OF A DISPUTE TO THE COMMISSION
£TAILS OF EMAIL AND PHYSICAL ADDRESS, TELEPHONE NOS. AND

AX NOS. OF HEAD OFFICE AND AREA OFFICES OF THE COMMISSION
0 BE INSERTED HERE
EAb THIS FIRST:
PURPOSE OF THE FORM

I
This Form shall be completed if a party to a labour dispute intends to refer the
dispute to the Commission in terms or sec tion 86( I) of the Employment and
Labour Relations Act ..
~~
I I
WHO FILLS IN TH£ FORM?
The party wishing to refer the dispute - e.g. an employer. employee, union or
employers' organization - must complete this form.
I
WHERE DOES THE FORM 'CO?
To the other party or the-<£lispute and a copy to the Commission in the area where
I
the dispute has arisen. together with proof of the Form having been served on I
the other party or parties.
HOW CAN 1HE FORM BE SERVED'!
By hand, registered post or fax. Proof of service on any other party mu st

accompany the Form served on th e Comm iss ion . The following constitutes
proof of service-
11.'1
by hand : - receipt signed by th e party or a perso n who appears to be at
least 18 years old and in charge of the party's place of re si dence or place of
employment, or a signed statement by th e perso n who served th e
document;
f..'l
by registered post:- proof of postin g from postal authorities;
il:!
by fax:- fax tran smission slip confirming the fax was successfully
transmitted .
107
Employment and Labour Relations (Forms)
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 PUBUSHED 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 TERM INA TE . ALL
OTHER DISPUTE TO BE REFERRED WITHIN 60 DAYS OF THE DISPUTE
HA YING ARISEN. IF THIS ·DISPUTE IS REFERRED OUTSIDE THE TIME
PERIODS STIPULATED, AN APPLICATION FOR CONDONATION FROM SHAl,L
ACCOMPANY
1
THIS FORM . OTHER WISE
.
THIS DISPUTE SHALL NOT BE .
PROCESSED.
' ·.~ ,.
108
.....
G.N. No. 65 (conf:1.J
I
i
Tick the correct box · 1. DETAILS OF PARTY REFERRING THE
I
DISPUTE
"
f you are an employee fill in As the referring party, are you:
a) below.
I
f you are an employer, union D An employee \
i
official or represent.itive or an D ·An employer I
mployers' organization, fill in
b) below
D A union official or representative
D Ari ·e mployers' organisation
(a) If the referring party is an employee ·
Surname:
----
··-···········-···-···············
First Name:
Employee Identity Number: _ _ _ _ _ __
•
Postal address:
Physical address:
.,
Tel.: - Cell:
Fax<:· Emai~: --~~--
(b) If the referring party is an employer, an

employer's organization or union
Name:
Postal address:
•
Physical address:
Tel.: Cell:
Fax.: Email: -------
Contact person:
he correct box
2. DETAILS OF THE OTHER PARTY (TO THE
DISPUTE
e is more than one other

write the details of the D An employee
-'- ··· ·· •·. ··· '" '. q ·:· :: · · : : < ·. · .. f . • Jr ·
- -- ~= . --- ---- ~.
1' I '
Empf(.))'me_nt and Labour Relation$ (Forms)

PARTB
ADDITIONAL FORM FOR TERMINA T~ON OF
EMPLOYIVl!ENT DISPUTES ONLY
imination disputes shall be
erred (i .e. received by the
mmission) within 30 days. (1) COMMENCEMENT OF THE Et0~·LOYMENT
four are outside this period,
J are required to c1pply for When did you start working for your employer?
1donation. ·
(2) NOTICE OF TERMINATION
Please give the date of your termination
How were you informed of your termination?

:)
;;
D By letter
D At/ After a disciplinary hearing
D Verbally
D Other (please describe)
,a.:
(3) REASON FOR TERMINAT~ON
Why was your employment terminated?

D Misconduct
D Operational requirements (retrenchment)
D Incapacity
D Incompatibility
D Unknown
CJ Other (please descri!)e)
(4) FAIRNESS/UNFAIRNESS OF TERM!NATlON
(a) Pn-otedurai Kssues

-· - ---·- --- - ----- - - -

Do you feel that the termination was procedurally

unfair? (i.e . n_ot in terms of a fair procedure)
YES I I
NO
If yes, why?
r'
(b) Substantive Issues
Do you feel that the reason for termination was

unfair?
,~
.·> YES
NO
If yes, why?
114
·::;;c,¥· ..g..;;;;. ,...;:-:-.;:;..-:s- .- .,.. ;.,_- &:--r;.:o,~ ... -u <-::
t ••· ~- ,- >·1 cJ& o 2d' CI ;.,z1; 0 •. 4-,(hl · ;e ,t < • . d {)". rt ·t , - • ~
·- - - ---- - - - - ·
Emp_loyment and Labour Relations (Forms)

D. VvHA T HAPPENS AFTER THE FORM IS SERVED?
The employer and the trade union must meet within 30 days of the notice having
been served, to attempt to conclude a collective agreement recognizing the trade
union. This is prescribed by Section 67 (4) of the Employment and Relations
Act. If there is no agreement or the employer fails to meet with the trade union
within the 30 days, the union may refer a dispute to the Commission for
Mediation and Arbitration, which then refers it to mediation. The period of 30
days may be extended by agreement between the employer and the union.
' ,,
'
116
,;,:,·, ·1. (/ ·!F
,;: ·' '.• .. '·'. ,. Sf.,
---· ---- -·
-- -·- . -·------
Eml!!!!l:,.ment and Labour Relat~ol)S (Forms)

G.N. No. 65 (contd)
1. UNION'S DETAILS
·nion applying for recognition .

1ters details. If more than l
Full Name:
11ion applying jointly, attach Registration No:
!tails on separate paper Any acronym: Date ofreg. - ~ -
.Postal address:
Physical address:
Contact Person: - ~ - - - - - - - - - - -
Tel.: Fax: _
............................
Cell.:
.......................................
. ...
Email: - - - - - -
•
1ion inserts emp Ioyer s

Ll , 2. EMPLOYER/EMPLOYER ASSOCIATION
tails here.
DETAILS
Full Name:
· Registrati'on No:
Any.qcronyrn : .Date of reg. _ __
Postal address:
~'
Physical address:
Contact Person: - - - - - - - - - - - -
Tel.: Fax:
Cell.: Email: - - - - - - - -
his applies to a number of 3. WORKPLACE DETAILS

·kptaces, attach details on
arate paper.
Describe the physical address/locality of
workplace(s) at which the Union seeks
recognition as exclusive bargaining agent:
117
G_N_ ,\lo. 65 (contd)
Employment and Labour Relations (F!..1rms)
,.-...-~..-~---""""""......,-.-~_--~ -
E.g_ insert the job grades or job 4. B f\• nr,, \.J

r - • • 1' • I ·1 • ~
A! 1"' 1 ··.; \..J
T h · "'f' I t ,~ -r/
U i'./ l , u t:- , 'u L 0
l , <'
dc scri pt ions of emplo yct_:~:.
Describe the categories of employees that the

Union propos es should constitute the bargaining
unit:
5. UNION l'v1EMBERSf-flP D ET Al LS
Union must represent a
majori ty o f employees, to be an
exclu s i,-c bargaining agent 5.1 How manv• emdovees
l---·-·-----.J..-----·--- ·-·· . ----- ~vithin the ..
........,__ ,,,,,, .. ,_ .... , ...................
Documt:ntary proof may be (p.-1:: ,-, -t )?
bargaining unn \ vScu l ,. o. te .
requirct ' by the employer to
prove d: is (e.g_ signed union ··- -
dedu cti n q forms. membership 5.2 How manv- Union rnern_bers vvithin the
form s cr. c ) ~~
.; . {. ,-.w.1..
barga1n1n,2 ~~: 1-?
~ ._,
5.3 Insert method used to determine Union

membership
~ 5.4 Is documentary' proof available to

substantiate this?
[YES l -NO
______ I. ____________ ----·'--···---
!
_
Section 67.(4) of the ELRA .-.,-·, ,·, ,-._',..,-.,. .,, --· . ,r, ~. l.',r-· -- · .- · ·'h·~
6• PROPO ~i..:.L) L. ~....:,. ~ ;::) !· 'i.J f."·,. iv}r:. .t. 1·11--J lJ
requires the parties io meet
within 30 days to attempt., to
conclude an agreement. ·. , The Union proposes a meeting with the
'·Employer to di.;:c;,s·, thi·~ t AJ-'···:J';,. ,t;,.i:.V ..;~J. or1 a·nv
~ ._ "" . ,..~... J. - .. J of
3_ .\1 ~,.,.~
the following dates:
118
~ - --- - -- --
~1- -
1
Employment and Labour Relations (Form5)

G.N: No. 65 (contd)
1sert any other relevant 7. GENERAL

1formation here.
Any other matter which the Union wishes to

bring to the. Employer's attention:
'
Signature: - - - - - - - ~ - - - - - - -
Name of Signatory:---~-------
Capac.ity: _ _ _ _ _ _ _ _ _ _ _ _ __
Date:
..,.
119
Employmen_t and Labour Relations (Forms)
CMAF3
FORM N0.3
NOTIFICATION TO EXERCISE ORGANISATIONAL RtGHTS

· rr·:.
Under section 64(1)
DETAILS OF EMAIL AND PHYSICAL ADDRESS, TELEPHONE NOS . AND FAX

NOS . OF HEAD OFFICE AND AREA OFFICES OF THE COMMISSION TO BE
IN SERTED HERE
READ THIS FIRST:
A. PURPOSE OF THE °FORM

This Form m.ust be completed by a registered trade union that seeks to notify an
employer in terms o"f Section 64 ofth-e···E·m·p"i"c;·;;·rnent and Labour Relation s Act,
that it seeks to exercise an organizational right conferred under the Act.
B. WHO FILLS IN THE FORM?

The registered
a
trade union seeking to exercise organizational rights, must
compl ete the form .
C. HOW TO SERVE THE FORM?

The Form must be sef\ ed on the employer tha t the trape union has notified of its
intention to exercise qrganizational ri g hrs. The Form may be served by hand,
registe:red ·p ost orJaK.
, ,,
The following constitutes proof of service:-
C
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 docum'e nt;
~
by registered post: - proof of posting from postal authorities ;
i3
by fax :- fax transmission slip confirming the fax was successfully
transmitted.
D. WHAT HAPPENS AFTER THE FORM IS SERVED?
The employer must meet with the trade union within 30 days of receipt of this Form,
to attempt to conclude a collective agreement granting the organizational rights and
regulating the manner in which the rights are to be exercised. If there is no
agreement or the employer fa!Is to meet with the union with iii 30 days, the union
may · re fer a dispute to the Commission for Mediation and Arbitration . The
Commission shall then refer the dispute to mediation.
120
-- :·:~~i~.w;;· ---- .-:. ; ,~: - ---~~. ' .. - ·----~-
Employment and Labour Relations (Fqrms)

1. UNION'S DETAILS
Full Name:
Union seeking to exercise
Registration No:
organizational rights enters Any acronym: Date of reg. _ __
details Postal address:
Physical address : ·1
Contact Person: ------------

Tel.: .Fax: _ _ _ _ _ _ __
· Cell.: Email: - - - - - - -
Union inserts employer's .. 2'. EMPLOYER/EMPLOYER ASSOCIATION
details here .
DETAILS
Full Name:
'
\,
Registration No:
Any acronym: Date of reg. _ __
Posta.l address:
Ph,y~.ical address:
-'
~' Contact Person: - - - - - - - - - - - -
Tel.: Fax:
Cell.: Email: - - - - - - - -
If this applies to _a number of 3. WORKPLACE DETAILS
workplaces, attach details on
separate paper
Describe the physical address/locality of
workplace(s) at which the Union seeks to
exercise organizational rights:
The possible rights in the 4. ORGANISATIONAL RIGHTS

ELRA include :
access (Section 60) Describe in detail the organisational rights that
access to faciiities (Section
60(3))
the Union seeks to exercise in respect of the
121
Employment and Labour Relations (For'!1s) i
d.N. No. 65 (contd.)
TUF4
FORM N0.4
PRESCRIBED LIST OF UNION MEMBERS TO ACCOMPANY MONTHLY
REMITTANCE BY EMPLOYER TO TRADE UNION OF TRADE UNION DUES
DEDUCTED
Under section 61 (6)(a)

PURPOSE OF THE FORM
An employer that deducts the dues of a registered trade union from its employees' wages,
is obliged to complete this form monthly and forward it to the trade union. A copy of
any notic.e of revocation given by an employee to cancel the authorization to deduct
union dues, must accompany this Form.
EMPLOYER NAME:
UNION NAME:
,I
Employee Employee Employee Date Deducted Amount

Name Number Workplace Deducted
l
I , I
~
-'
,,
. I·
r
..,.
.
'
TOTAL AMOU ff DEDUCTED
!23
O:N. No. 65 (contd.)
PERSON RESPONSIBLE FOR COMPLETING FORM:-
Signatur~,i- _ _ _ _ _ _ _ _ _ _ _ _ __
Name of Signatory: _ _ _ _ _ _ _ _ _ __
Capacity: _ _ _ _ _ _ _ _ _ _ _ _ __
Date:
,
\1
,-
124
; ·~·.
=:,~''·'.: '· -e.·•= · ,, ........~.. ·;;:,,:. ~:
Employment anc;l Labour Relations (Forms)

CMAF5
FORMN0.5
Under section 98(2)(r)
MEDIATOR'S CERTIFICATE OF SETTLEMENT/NON SETTLEMENT
APPLICANT'S NAME :
- - -- -- -- - - - - - - - - - -
RESP ONO._?.~!-'.~--!::l ~-~ E: - - -- -- - - - - - - - -- ---
CMA CASE NUMBER : - - -- - - - - - - - -- - - -- --
DATE OF REFERRA R OF DISPUTE TO CMA : - - - - - -- - - --

NATURE OF DISPUTE: - -- - - - -- - - - - - - - - --
I
I,
,·,
!·1
-e•
f'
I
HAS THE DISPUTE BEEN RESOLVED? [ Yes j No

I
MEDIATOR'S COMMENTS (IF ANY)
MEDIATOR'S NAME :
MEDIATOR'S SIGNATURE :
DATE :
- - - ·---- - - --- ~ - - --- - - ~----

G.N No. 65 (co11td.)
TUF 6
FORM N0.6
EMPLOYEE INSTRUCTION TO EMPLOYER TO DEDUCT DUES OF A

REGISTERED TRADE UNION FROM EMPLOYEE'S WAGES
Under section 61 (])
EMPLOYEE'S NAME: - - -----------------

EMPLOYEE NUMBER : - - -----------------
EMPLOYER NAME
/
TRADE UNION NAME :
INITIAL MONTHLY UNION DUES: - - - - - - - - - - - - - - -
I. I, the abovementiqIJed employee hereby instruct my employer to deduct monthly

from my wages, .frade union dues owing to my union .
2. I agree that the amou,nt deducted may from time to time be increased, provided
that I am given written notification of this in advance.
3. I confirm my understanding that I am entitled at any stage to cancel this

instruction by giving one month's written notice to my trade union and my
employer.
Employee Signature -Date
Witness Name and Signature Date
126
_ ....L -1- - -

C, .\'. .\lo. 65 (COl~td.)
CMA F7
FORM N0.7
APPLICATION FOR CONDON A TION OF LATE REFERRAL OF A DISPUTE

TO THE COMMISSION
Under section 98(2)(r)
DETAILS OF EMAIL AND PHYSICAL ADDRESS, TELEPHONE NOS . ANO FAX

NOS. OF HEAD OFFICE AND AREA OFFICES OF THE COMMISSION TO BE
INSERTED HERE
READ THIS FIRST:
A. PURPOSE OF THE FORM

1
1
This Form en ables a party that has failed to comply with the time periods for
=
referring a dispute to the Commission, to apply to have the di spute processed by
the Commission . A dispute concerning termination of employmeilt must be
referred to the Commission within 30 days. All other disputes must be referred I.
to the Commission within 60 days . The Rules for Mediation and Arbitration
proceedings issued by t~e .Eommission set out the' criteria to be · applied in
determining condonation ·applications.
fi
I
II
B. WHO FILLS IN TllE FORM?
The party seeking application for condonation e.g. employer, employee, union II
or employers' organisation . i
C. WHERE DOES THE FORM GO?

To the other party to 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.
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 of service :
ill
by hand: - receipt signed by the party or a person who appears to be at
least 18 years oJd 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;
127
-
--- - - -·-- - - ---

~
by registered post:- proof of posting from postal authorities;
~
by fax:- fax transmission slip confirming the fax was successfully
transmitted.
E. WnAT HAPPENS AFTER THE FORM IS SERVED?
The other party to the dispute may within 14 days oppose the application by
filing written submissions in accordance with the Rules for Mediation and
Arbitration proceedings. Thereafter the party seeking condonation may within 7
days submit a written reply to· the opposition, in terms of the Rules .
A mediator appointed to deal with the dispute · may decide the application for
condonation according to the criteria specified in the Rules either on the basis of
the parties' written submissions or by calling the parties to a hearing to consider
the matter.
,·,
IMPORTANT
THE FORM REFERRING THE DISPUTE TO THE COMMISSION MUST
ACCOMPANY THIS FORM
Tick the correct box -·l. DETAILS OF PARTY REFERRING THE DISPUTE
If you arc on cmplo:,•oo fiJt in As the referring party, are you:

(a) below.
..,.
If you are an employer, union 0 An employee
official or representative or an 0 An employer
employers' organization, fill in
(b) below
0 A union official or representative
0 An employers' organisation
(a) If the referring party is an employee
Surname :
First Name:
Employee Identity Number: _ _ _ _ _ _ _ _ __
Postal address:
Physical address :
Tel.: Cell:
Fax.: Email: - - - - - - - -
128
Employment .and Labour Relations (Forms)
(b) reasons for lateness

Provide reasons why the
dispute was referred late.
Comment on your prospects of (c) the referring party's prospects of success in

succeeding . in obtaining the the dispute referred
outcome you seek, if the
dispute is processed by the l
Commission
Comment on how the parties to (d) Any prejudice to the other party
the dispute would be affected
by" a granting or a refusal of the
condonation application
.1
Provide any other comm.erits (e) Any other relevant factors

that may be relevant.
Proof that a copy of this form

has been sent coufcl be :
e A fax slip/a registered 5. INFORMING THE OTHER PARTY

slip from the Post Office
GO A signed receipt if hand
I confirm that a copy of tnis form has been sent to the
delivered
other party/parties to the dispute and proof of this is
• A signed statement by the
person delivering the attached to this form.
form.
Signature Name Positive Date
130
. ,,.~ .... ~ :·. - . .
----- -·- -·-- - - -
Employ'!!f_nf and Labour Relations (Forms)

CI'v1A F8
FORMN0.8
A.PPROV AL OF CHANGE OF NAME OR CONSTITUTION

OF A REGISTERED EMPLOYERS' ASSOCIATION
Under section 50(4)
, is an approval of change of name and/~onstitution of

. ...... ·· · ······ ... . ........ ..... . ····· ·· ·
(name of the employers'
ciation) .
:d by the Registrar of Organisations, Department of Labour and in accordance with
on 50 (4) (b) of the Act.
EMp LOYEl}S' ASSOCIATION DETAILS

r, \.
I
(new name of the employers' association if applicable) I

position, narpes and addresses of national office bearers and employers' association
ials are:
Position Name Work Address

AIRPERSON ~-
,\
l~
,.
"
~ I
I'
.
1
_J
I3 l
-G.N.---
No. 65 (contd.)
Address is :
Te l N o .
• • • • • • • • • • , 1 •• . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . • • • • • • • • • • • • • • • •• • • •• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • ....
REGISTRAR OF 0RGANISA TION DETAILS
I, . .. .. l1.in
thereto . . .terms
. . . . . . . . . . . . . . . .. . . . . . . . . . .
of ····· ········· ··· ...... .... ........_:·"····."_:~,duly _authorised
(name of officfal)
Section 43 (2) Labour Institutions Act No7 of2004 hereby approve change of name
and/or co11s litut.i9,n·o f the nbove mentio nr:rl employers' association .
.
The approva:-1 of change has come into effect
(date)
Signature: . . .. . . . .. .. . . ... .. ... . .. . . . . ..
Today' s date : ........ . . . . . ..... . . . ... .
Place: .... . . .. .. . . .. . ... ... ... ... .. .. ... .
(Official stamp)
1 ') ")
..•
--- I1- ~ - - r--

TUF9
FORMN0.9
REGISTRATION OF AN EMPLOYERS' ASSOCIATION
APPLICATION FOR
REGISTRATION OF AN EMPLOYERS' ASSOCIATION
Under section 48(1)
is filled by the Secretary of the Employers' Association and submitted to the

) f Organisations;--DepartinentofLabour.
most be accompanied by a certified copy of the attendance register and minutes

,lishment meeting and a certified copy of its constitution and rules .
;,
ERS' ASSOCIATION DETAILS
(name of the employers' association) .

'
'
'/
If
f
egistration of.this employers' ,,.association. I
II
II
::rn, names and addresses of national office bearers and employers' association
-e.:
·::>
,)
133
"
ii
--·-- --- - - ---- - - ..

'1.N. No. 65 (contd.)
Post ion· Name Work Address
CHAIRPERSON
;·!
We hll'\lt; ........ .. .... . .....•. , :-.. '. ......•...... members.
Our address is:

•• • 1 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •••••••••••• • ••••••••••• • •••• • • • •• ' ••••• •• •• •• • • • •• • •• •••• •• • ~ •• . • •• •..•
.
. . . . . . . . . . . . . . . . . . . .... . .......... .. . ........ . .. . .. . .. ' ....................... .. ... ..... .. . ... •..... . ..... .
~
· · ······ · ··· ............ ... ........... ............ ........ , ........ .. ..... . ...... .. . ·.,: . . . . ..... . .. . ... . . . . . .
Tel No.
Signature of Secretary: ... .............. .. .. .. ... ..... .... ...... . ........... . ... ...... .. . ..... .. . .
Name: ... ....... ............ .... .... ... . .... , . ........................ . ..... ... ..... .. . . .. . ... . ... .. .
Date: . ·· ··· · ·· · · · · · · · · 134

• . . • . . . • • • • . l • . • • • . • . • • • . - · · · •• • • • • • • • · · . . . . . . ... . . . . . . . . · · · '. · . . • . . . . . . . . . . . • . • • •.
~}:.if:·... · 1:~?\}t:\: '}~;!-it{fjff~
Employrnent and Labour Relations (Forms)

REGISTRAR OF ORGANISATIONS DETAILS
I' ... ... .. ... . .. . .... .. .. . .. . ... .. ..... .... . .. .

thereto in term s of (name of official) · · · · · · · · · · · · · · · ·· · · · · · · · ' · · · · · · · · · · · · ., duly authorised
Section 43 (2) Labour Institutions Act No7 of2004 am satisfied that the information is
substantially correct.
The applicati on was lodged with the Registrar on ... .... ..... ... ..... .... ... ... ... ... ...... ... .
(date)
~i,inaturc : ...... .. . .. ...... .... ..... ........... ... .
- T\,d:iy' 8 dHI(: : . . ... . . . . ... .. ........ . .. . ...... .. .

'
PI ii(' ~: , · · · · · · · · · · · · · · · · .. ... ....... ...... .. ... .. .. .. .
(Official stamp)
135
Employment ancL Labour Reiation~ (Forms)
TUF 10
FORM N0.10
REGISTRA TlON OF A TRADE UNION
APPLICATION FOR REGISTRATION OF A TRADE UNION
Under section -18(1)
This form is filled by the Secretary of the Trade Union and submitted to the Registrar of
Organisations,
Department of Labour.
Th e fo rm most be acc.e:>m_panie.d.by_a_ce_rtified _ copy of the attendance register and minutes

of ils 1:stablishment meeting and a certified copy of its constitution and rules . ·
T Rr\DE UNION DETAILS

~'{
W e . ..... . ... . . ... . ... . . . . ... ..... . . .... . . . ..... , . . .. .. .... .. .. .... ... .. . .. . .. . .. .
(name of the trade union)
apply for registration of this trad_e union .
1he position, names an d addresses of national office bearers and. union officials are:
..,.
Position Name Work-Address
CHAIRPERSON
'•
.., •.
0
..
..
,
'
- --
- I
136
~~if·\; . l,}iffp.;]ff2.1~~: u ~
0

G.N. No. 65 (cofitd.)
Wt:. have .......... . . . . . ... .. . .. . .. ..... ...... ... members.
O ur ad dress is :
l \ ; l No.
t t I I l t 11 , I I I O , , • • • • • • • •• • • ' • • • • •• •• • ' • • • •• •• • • • • • • • • •• • •• • • • • • • • • • • • • • • • • • • • • • • ' ' ' ' ' ' ' ' ' ' ' • •• • • • • • • : • • • • • • • •
, i l1•,nu111 rc o f Sec retary: .. . ..... . ....... ..... ... . .... . .. ... .. ... .. ... .... .. ..... .. . .. .. ... .. .... . .. .
N11 1nu: , .. .. .. ... .. .. . .. . ..... .. . . ... ... ... . .. ... .. . . .... .. .. ...... ... ... .. ... .. . . ... .... .. .. , .. . .. . .. .
I >t,1 1•: , . , ,. , ... ....... ... ... .. .. . ·· · ··· ··· ··· ·· · · · · · · · · · · · · · · · · · ·· ·· · ·· · · · · ·· · · · · · · · · · · · ·· · ·· ·· · · · · •· · ··
H l1( IIS'l'HA!l. OF O RGANISATIONS DETAILS
I ..
tl wn lu In terms ~;f.·(·~~~·~·~:;·ft~~·i·~i).······························: ·····.... ., duly authorised
• ! "'""'" "'"
1 1 •
:,,.11•rl1111 41 (2) l:.abour lnstitutions Act No7 of 2004 am sat isfied that the information is .
Ul1tj ll1111 l11 l ly correct.
~
Ifo1nppll cu!ion was lodged with the Regi strar on

( dal'e)
l!j"
Hll111111 c : . ·,s · . · · · · · · · · · · · · · · · · ·· · · ·· · · · · · · ·· · . ... . .
I rnli1l,,' 11 dlll1.: :
tit, ,,; • . .. . . . . .. . . ... . •. .. • . .. . .• . .•. . ...

(Official stamp)
137
-·-- - -

TUF 11
FORM N0.11
CERTIFICATE OF REGISTRATION OF AN EMPLOYERS' ASSOCIATION
Under section 48(1)
This is a certificate of registration of ..... .... ·... .. .. . ..... .... . .. ... .. . ... . . : ... . .. as an
employers' association.
(name. of the employers' associatio"n)
· ·issued ··by·the--Reg1strar of Organisations, Department of Labour and in accordance with

Section 48 (5) (b) ofthe·Act.
EMPLOYERS' ASSOC!/\ TION DETAILS

,)
........ ", ... , ... ... ... ..... ...... .... ... ................. .... .... , .. .... .. . .. . .
(name of the employers' association)
The position, names and address.e s of national office bearers and employers' association
officials are:
Position - ,. - Name Work Addrc33

CHAIRPERSON
.,.
- .
138
1
Employment and Labour Relations :(Forms)
G.N. No. 65 (co11td.)
Addn:ss is:
'.' .. ... ... ' ' .... . ...... .. ...... .. . ... . .... . .. ·· ·· · ....... .. ........... . ...................... .. ........... .
'
f I O f o •I I • I I ,• • •• • • • • O o, • •, •, , , , •• , , , , , , , , , , ,, ,, , , ,, ,,, ,,, ,,, ,, ,, ,,, , , , , , , ,, ,,, ,,, ,, , ,, , , ,, , , , , , , '•••• •

0 0 0 0 0 0
It It 1 1 f I• • O ' I • t t'' t O I I I•• • • • • ' ••• • • • ••••• •••• •• ••• ••••••••• • • • • • • • • • • • • • • s • • •• • •• • • • , , , , , , ,, , o o o ,o, o, o , ,, , ,,
'l'cl No .
t t 11 1 1 •,, 1,, ,,, •,,,, , , , • •• , ,, ,,, , ,, ,, , ,,, , , , , , ,, , , , , , , , , ,, , , , , ••, ••, ,,, ,, , •• •• •• ••• •• • •• • • • ••• , , , ,,
0 0 0 0
I-~h<ilSTHAl{ OF 0RGf:\NISATIONS DETAILS
I, ; I '. · I ' ' 'I .. . . ... . .... . ... . ... .. . .

IIIL'rl' I O ir I terr 11 s of ( n·ame of offi~·i;I·)· · · ··-~·-, ,r,,.- ••-.-,·,-,--,--,-,··, -:,:: :·:::·: · · · · ·, duly authorised
Sui,; 1in11 rl J (2) Labour lnstituti-ons Act No7 of2004 hereby certifies the above mentioned
·111pl~))'C rs' association as registered .
'l'll u rcgislrnlion !1as come into effect . . .. . . . . . . . . . . . . . ........... j ••••••••• •• • • • • • • • •
(date)
S Iµ,' 11 11 t 111·1;: : ... . .. . .... .. . . . • · • · · · · ·.· · • · · · · • · · · · • • · · ·

,',
'l'odoy· s datv : ... ... . ... ... .. ........ . ··- ..... ... .
l
fll11 r <:: .... ..... ... ···· · ······ · ······ ··· ·· ·· ·· ··· ··
(Official stamp) ~
139
-- - ~ ---
Employment and Labour Relations (Forms) ·

TUF12
FORM N0.12
REGISTRATION OF CHANGE -OF NAME OR CONSTITUTION
OF A REGISTERED EMPLOYERS' ASSOCIATION
Under section 50(2)
APPLICATION FOR REGISTRATION

OF CHANGE OF NAME OR CONSTITUTION BY A REGISTERED
EMPLOYERS' ASSOCIATION
This form is filled by the Secretary of the Employers' Association and submitted to the
Registrar of Org~nisations, Department of Labour. · ·
The form most be accompanied by a certified copy of the resolution containing the
wording of the change and a certi.ficate signed by the Secretary stating that the resolution
was passed in accordance with the constitution and rules .
EMPLOYERS' ASSOC IA.TI ON DETAILS

c'
We ......................................................................... .. ... .. ....... ... . ......... .

(name of the employers' association)
hereby applies for registration of change of constitution and/or name of this einplOyyrs'
association to
(new name of employers' association if applicable)
The position, names and addresses of national office bearers and employers' association
officials are :
140
--- _______ _ _ <.{l};n?/2'l~~.i{+.{i1~i1i:1Ji~:,~, .. _ . __ _
-..--- - - -- - -· - ·- -- - -
Employmen!_anp Labour Relations (Forms)

Position Name Work Address

( 'I IAiii PERSON
·-
--
,.., ____
, ......................
.
Wt' Int vc .... . ... ..... :.................. . ....... members.
< )11r 11ddr0Ns is:
f • I , I i I i I I I J , , , 0 0 0 0 • 0 0 0 0 • 0 • • 0 0 0 .- 0 0 • 0 0 0 0 0 0 • 0 0 0 0 0 0 0 0 0 • • 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
• ~ •
0 0 0 0 0
•
0 0
•
0 0 0 0
• •
0
• •
0 0 0 0 0
•
0 0 0 0 0
•
0 0 0 0 0
J i ) f I ' I ~ J I I • J I I O t o o O o o o o o • o o o o o o o o o • o o o o o o o o o o o o o o o o o • o o o o o o o o o o o o o o o o o o o o • o o o o o • o • o o o o o o o o o o o o o o o o o o o o o o O O 0
i ' I " II I J 1 111 o o o • oo • •• ••• •• •• • • ••• • • • ••• • •• o ,o ••• ••••••••••••••• ••• •• • ••• ••• ••••• •••• ••• • • • ••• •• • ••• . ••• • •• •••
I t•I No.
I , 1 , 1 , 1 1 11 t O • ' • • • • • • • • •••••• • • • • • • • • • • • • • • • • • • • • • • • • • • • • •• • • • • • •• • ••• ' • •• • • • • • • • • • " •• " • " •• • •• • • •••• • •••••
, ; ig 11 11 1 mc of Secretary: ........ ....... .. .. .......... .... ... ... .... ... ... ... .. .. ........... .. ..... .
Nt1111<.: : ... . . . .. ... . ... ................... .... .............. .. . . . . ........ .. . . .... . . .. .. . ..... ......... .
I >11I e: . ...... · · · · · · · · · · · · · · · · · · · · · · · · .. .... ... ... .. .. .... .... ........ .... .... .. .... .. ... .. ... .......... .
141
Employment and Lab-Qur Relations (Forms)
REGISTRAR OF ORGANISATIONS DETAILS
I
th~~~-t~ ·i·~ ·t·~~~~- ~:f·(·~;~-~-~f·. ~-ffi~·i;i'). .. · · .. · · · .. · .. · .. .. .. · · · · .. · .. · .. · .. · .... ,duly uthorized
Section 43 (2) Lp.bour Institutions Act No7 of2004 am satisfied that the information is
substantially correct.
T~e application was lodged with the Registrar on . .. . . ... . . ... . . ... .. . . .. ··· ··· ·· . ... ..... . . . . .
(date)
Signature: .. . ...... ... . .......... ..... . .... ...... ..
.~
Today' s date: . .. ..... . . .. . .. .... . . · ·· ·· · · ·· ..... .
Place :. . .... , . ... . .. .. .. . ... .. . .... . . , .. .. ... . .. . · · ·

..
.,., r (Official stamp)
..,,
142
---·-- - - _____l
rn
... 1
·1

TUF13
FORM N0 .13
CERTIFICATE OF REGISTRATION OF A_TRADE UNION
Under section 48(5)
This is a certificate of registration of .. . .. . ........ .......... . .. . .. . .. . . .... .. .. .... as a trade

union
(n a me of the trade union)
iss ued by the Registrar of Organisations, Department of Labour and in accordance with
Sec tion 48 (5) (b) of the Act.
TRADE UNION OETAfLS
r,, ~pn~ili~Hl. ,rnnw~ imd Addr~~:i~~ Qf m~ti0ni:\I Qffi c;~ p~~r~p;; ;;ind µnion officials are:
Pos ition Name Work Address
« 'I IAll<l'BRSON
I
L
143
- - -- - - - -- - ---·-- -·.

G_;\'_ .\'o. 65 (COl1lc/.)
TUFl6
FORM N0,.16
APPROVAL OF CHANGE OF NAME OR CONSTITUTION

OF A REGISTERED TRADE UNION
Under seerion 50(../)
I Ii i:, I•, 1111 a ppr ova l of change of name and /constitution. of

(name of.the trade union)
b•11 11•d by lh c l< t:e, istrar of Organisations, Department of Labour and in ·accordance with
~:1111111 11 10 (,1) (h) of the Act.
TRADE UNION DETAILS
I ' ' • • • ' • • • • • • • • • ~ • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
(new name of the trade union if applicable)
l'lt11po1d11 011. 11111n oi1 und uddrc.s.sc~ uf w1tiu11al umce _bearers and union off1c1als are:
I'nsit io11
. -- - ,"'' ' Name Work Address
1'11/\ll(l'El{ SON ~-
~ -·-.-.- . -··----
............._....___ _____
...,&.; :::..s;,g=-u---- .. · - - - - -
-. · : s v . _ _. ..... - ..-
..
__ --.........
· ~ - ,-..
>
··- - . ..:::!;~~'9l\"Mil' \ . . -·---···
147
--·--
Employment and Labour Relatio~rms) --·----- --

-----·
G.N. No. 65 (r:ont.d.)
/,.ddress is:
.. . ... . . . ...... . .. ' .... ........ . . ............ . . . ... . .......... . . .. .. ·- ...... . . '······ . . . . .. . .. .. .. ... .... . . .
... . . . ... ... . .. ... . . . .. . . .. .. . . .. . .. .. . ... .. . ... . . . . . . . .. ...... .. . .. . . . . ... ... .. . ... · · · ··· ............... . . .
. .. .. . ... ... . ..... ... ... . . . . .. ... ... ... ... . . . . .. ...... ... . . . ... ... .. . . .. ... .. . ... .... , ... .. ..... . . ... . ······
Tel No .
. .. . .. . . . .. . . .. ... ··- .... . ...... . ............ . .. . ................................ ········ .......... . .... . . .
REGISTRAR Of OF_GANJSATIONS DETAILS

I, ............................ . .. ........... . .. .... .. ........... .... . .......... .. . ... , duly authorised
thereto in terms of
(name of offic ial)
· Se"ftion 43 (2) Labour Institutions Act No7 of 2004 hereby approve change of name
and/or constitut ion of the above, ·rncntioned trade union.
The approval of change has come into effect
(date)
------i
Signature: ....... ... ............... ....... .. .... ... .
I
I
Today's date:
Place: ......... ......... .. . . :: ........ .... .... · .. · -··
(Official stamp)
---r,rr.
1 ur·
17
FOR.l'I/I N0.17
REGISTRATION OF CHANGE OF NAME OR CONSTITUTION Of A
REGISTERED TRADE UNION
Under section 50(2)

r".t~n...~~.,r:;ri,,;-~--~--,..,..,...,...,..~:,,1<":l"•tn·,::·,· - o : n -,.....- ~ - --~-
i
f
1
b
APPLICATlQ}.J FOR REGISTRATION OF CHANGE OF NAME OR
. CONSTlTUTION BY A REGISTERED TRADE UNION
....,,_,.,.,~:m,;:,c-.,~~=-..,...,..•~ :.: 'C'ML...,.,"31:',:"'"""'"'.~"!r.lr."''r."r.-.:-,n,,.._.r..,...,..,~.,..,..'"-~..o,,, ......,-i,n.-;,;>c;:Sl ~ ~ ~ - ~ ~ , , . . . ~ . . - . . . . . - -....
J
· - ~. ....,.................._ . . . - . u _ . , . . . - , ~ - -....- .....,..,..."',..,r.,,::.1..1u 11-,,..,.:...., .. _
]48
- - -- - -· - -- - -

. .,._ .... ,,-,.................. _.•M•·- ·~•.n" ' '''•'' ' ..•" ' .."-""''~°""''"""""•...,..••~-··-,._.. - ... - - - ~ ~ -
Thi s fri rn1 is filled by th e Secretary of the Trade Union and submitted to the Re gistrar of
( 11')',; u I isc1t i\l ns, De partment of Labom.
The forrn nrn sl. be accompanied by a certified copy of the resolution containing th e
wording of the change and a certificate signed by the Secretary staiing that the
rl ::-;olution was passed in acco rdan ce with th e const itution and rules.
Tl ( i\ I )J: U 1'i ION DETAILS
\ V ,:

l1t· 1,·l1v :q1pli cs i<.1r regis1ration of change of constitution and/or name of this trade union
(, ,
. . .. ... . ·.·.- . . . - · . . ·- .. ..... . . ... . .. . . . . ................ . .... . .... .... ..... .. . ...... · · ·· ·
(new name of trade union if applicable)
11 1, · 11(J·; i11 p 11 . 11 ;1111cs and addresses of nation al office bearers and union officials are:
i
I l'( JS ITI O N 1- -.--NAME ___ WORK ADDRESS ---~~
l I i\ I 1-: I ' I ·. I·.: >; () N I
II
I
I'
I I
-· · -- --··--- - -- - ----+----
I
I
I
-- '"' "~-+-- ------1
-·-- . -·--·---·
I
W ,· 11 .1v~· .... .. ....... . ..... .. . . . . . ..... ... .. .. members.
I )111 . \1 I, I 1(' •,. . \ ',
.. . .. ........... . ...... . . . .... . .. ', " ' . ....... . . .. ... . .
i 1.19
~~~~ --- ~~~
I, i1 .. ,,,, /11,·r,r11riu11s (Fthics and Code o_f Conduct for Mediators and
Arbitrators)
i , • : , 1 11 : , , 1,1., 1 1, 1 N< ,. 6(> published on 23/3/2007
1111 - LJ\BOUR INSTITUTIONS ACT, 2004

(No.7 OF 2004)
RULES
A/lf(/e under sections 15(/)(g) and 19(.:/)
( .p ltt '-- r
1 1I J 1 ,\ 11, ,1 11· l i,J:; 111 l lTION S~AND CODE OF CONDUCT FOR MEDIATORS AND
ARBITRATORS) RULES, 2007
AIZR.ANGEtvfENT OF THE RULES
i I/; /// 1 1/} 'fir/<:
<.; It( II ( ( I( IL: .

\ppl1 c: 1(1<lll .
l l111t ·1p1 c l;1Lion

( )I J Jl"l "II VC .
( i< · 11 c 1 :ti
Attributes of Mediators and Arbitrators.
C 'c. 111rl1c t o f' interest and Disclosure .
1 >11d11d ()r hearing.
0
~~ l '( l,\ I I lc~1ring.
') ( 'ollr1dcnliality.
1 tI J III t\ di c! ion .
II /\ll ccl1:1tio11 by arbitrators.
1 ' l(ck , cllcc materials .
/\1•,1cc 111 c11l in writing.
I •I ,1\ Vl 11d:111cc or delays .
I , 1;;; :111d L.\.p~nses .
111 l 11111pt ' (UI C)'".
1[ d . 1i l\) II 1Jf"tlic Rules .
l 51
Labo11r i.nstit1u,c_;,n_,· ["° .1 ~·,'ti i (\ i ,_:: ;:/ 1_ :- _
C~/ ·,.:-_;;1(,!it ~:l .i () / · :\ _/ / ' dit1 tCJ r.:,·· c1 ?1c/
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i. ;\/. /\/(). 66 (cunro.i.) ....__._..._--..,.,..,_..__ ._. ., ,,--,,.-:,-,,,-a - - . . - . - ....... .. •• - -=-~~ .¥ ................ ,.."4, >,•- •, -•• • • - •• • - ~-., .- .. ......
ldL LABOUR INSTITUTIONS ACT, :?004

{i-,,1: ··! -~. '-,.
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,..,}.... .a-
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-,· , ,;: : /,C:l, J( ',< /1-..' '<Tl T L"f!O~~S (!:'Tl11CS .-\>·!D CODE OF CONOf_ iC T FOR
'.11· [; J -Y:°(>1 :\· ;\; ;; ·1 ·...,:-'..U E"! _;..'. ,. \ l (}?'. ; ~: 1,: :... -Li- :- -~ j{1'/
PART i
PREUMINARY PRov1~;irn~s
::-,hor t titl e
l Th~:.::c R.»j"',
• ~ . ma. lv, r:i-\crl
.t...,.<,J t~.µ I .,,br)u, lnc.ti,·nti0ny (Fthicc- --, r ·'
- ~\ .L . ..:, - ...
1
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Code of Conduct for fvfodiators and A.rbitrators) R•.dc.c,. 2007.

Appi iL,lliUJ I
2. These Rules shail apply to the 1\tiediators and Arbitrators appointed
b y rnc 1... omrn1ss10n.
· 1 ,,..., .•
ir;; ::::rpr e.: t;.; ··

tion 3. In these Rules unless the context otherwise requirc~.--·-commission "
n-1t;;:1.ru the Cormni~sioti fr.>r fvlcdiarion 2Lnd Arbitr.:itiou
F11\P:r 1.i
Gr:·JEJ<.r'J.. ATTRIHUTES
<)c-)~·:\ i \: ,:~
c:f rhu:i,. : H.ul·.~~; ar,-.: dc;.-c:iopcd in ordf::r to- ·
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J ,;\J :_,' I"),-. <I• .(;'
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{\!Iecf·ti, 1.,,d A;·hit;·~ :11100ir1tr:d
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... v -. b·- ' rhL' Coinmissior
1
t.. '- " C · ·'- ,,, · · ,.. , ,Jl..~ LI
_ ...... "°'' .1 v ..... _.:. .,, "'" l ./ . , , .\
o\ i i iic~LL:i :.; v t prnf\_::<;iutr;ii conduct ,:-'.nd p n;.1__:rie:, _ ~/.:neral!v
l\
•. 'f• ..c - - "" - ,..., :. :; ••..., J • J: .:-~~1
- - - - ------ -- -
I ·- - - -- -- --··- - --
/.r. 1:J1 ::1 . ·1: ·. 1/ 1/u, ., 111!{/ Code ofConductforJv!ediators and

11rb i trato rs)
-----·--·----
UN Nu . G6 (contd.;
,, , t i ,· I. : \•
' ·1 in
I i!! : .:t 1. ·i ~i snal . me
' course ot., d'1schargmg
. .
1· t \ -i1l , '"!''' ;1 , i111uartiaiitv,

. intcgritv,
. due diliuc:nv.:: and be ~
,11, I, I" 11, lu ,i ~,i :i 1y outsi de pressure;
I { 1il , , pl 1\ ild I I1c 11 i s l ; I vcs in a fair manner to all parties and should
'' " ' 1 .. • . ,. t:_
.1!1 11, ·r! to personal
. interest or Q"ain :.~
11 L11 ··.( ,I 1u I l o be appointed as a Mediator or an Arbitrator

111, ,, 1(k<l tk1t , tJ1is shall not preclude Mediators and Arbitrators
1, , 111 , 11, :1k: willingness of serving in that capacity ;
, J 1 1 ,· , · • :("! :ihk b: i:L>:·:·~:r)ting appointments only ,vhere they

kl 1: ·v~ that they :ire availab le and are competent to undertake
I t Ill; , t.':s ii 1.nn1ent;
f, l ., v, 11t I entering into any financial, business or social relationship

l1kcl y to affect their impartiality;
1 r ) 11 0 1 ~iccept or be influenced by hospitality frcm either party or

itny other improper means; inducting gifts or other' inducements
,:vcr, in the presence of the other:
(.P.) L'.IlSu re that a copy of..ar1y letter received from one party is
sen! '. o the other, either by the writer, Mediator or Arbitra~JL
\ 11) avo:d having any communication except for the purpose of

arranging t}y~ dates for meetings or hearing in which case the
i I
uu tc:)rn e of t!1use conversations should be notificL. to both
U '·lf 't , ,., .•:. ~11-11 l
'"4 . .......... ~ · u
I I
{ i) :1void k iving an y rr.eeting with a party except in the presence
uf the -thcr.
153
~
Labour Institutions (Ethics and Code of Conduct for Mediators and

Arbitrators)
ConOict 6.-( 1) All Mediators and Arbitrators shall disclose any interest or
of
relationship, likely to affect their impartiality or unbiasness.
interest
and
disclosure
(2) Subject to the provision of sub-rule ( 1), Mediators and Arbitrators

appointed to intervene in disputes shall, before accepting an appointment,
disclose to the Commission any-
(i) direct or indirect conunercial or social interest in the matter

in dispute; and
(ii) existing or past commercial, social, professional relationship

likely to affect impartiality or lead to biasness;
(3) Where circumstances requiring disclosure are not known to a

Mediator or Arbitrator prior to accepting an appointment, disclosure shall
hr. m;:irl r. immediately aG ciroumntancC3 become ki1ow11 a.ml sliall im:lu<le
the relationship between witnesses and Arbitrator in arbitration
proceedings .
(4) After the disclosure, the Mediators and Arbitrators may be required
to serve if desired by both parties but may withdraw, where conflict of
interest exists, notwithstanding the views expressed by the parties.
(5) Vvhere ari agreement has not been reached bet\veen the parties
on whether a Mediator or Arbitrator should withdraw or not, the following
shall apply-
(a) the applicable procedure to determine the challenges on the

jurisdiction of the Mediator or Arbitrator;
154
1
\•
1-
· Labour Institutions (Ethics and Code cf Condu ct for lv!ediators and
Arbitrators)
G./Y. l·/o. 66 (contd)
(b) t.!Cf'c. the Jl\1°u+1· ·-1-r or nr Arhl.k 11'-0r.I ..:::,·.....f;.;:.

u· t f'u....... , ,-,,.,1-... 1...k) c·•n, ... ,··
~·; "<''f":.·1i .t ..,.Jt
,·.;dr•
..... _ - J ;r,·C .J
W l. V Vlv .t..-<.... ... - ,l~ 1,..-..,,... ~ •v L ·:;..:1 .I. - ~
the matter deterrnines that-
(i) the reason for the challenge i~ not substantial;
(ii) it is possible to be impartial and fair; and
(iii) a withdrawal may cause unfair delay or rnay be contrary

to the ends of justice, then that Ivied.iator or Arbitrator
shall not withdraw.
- 7 .-( l) Every Mediator and Arbitrator shall in the course of conducting C'unchic(
. ,- · I 1·1· , d l·n ar1ern_·,~~\ F'-'.;;r,r,r-'r ;:ir,;' <·•1 ·:>1!1• f: ()!·
'"-' d Jt1 t<)<'
1 • •
P••(QCPe ''•(.'[
_'J •) ., \,. -' r•:t]f 1'.' 'Jl lOPfffl'I ct.H
.at.. -- }': t··'°
4."i:;)V · """-) ·---.r.:"""'
'- .t •·•. • : •., . l..,.. ... _ . i. l -- .~ 1..... .......... .. Ui 1.,.,t. _ · _ t,
of hearing
: corrrrntir1i catc \·Vi th a.ny· of the jJ<1rties) rerrre:~e::~ta.ti\.,.(::-~:- \~:.:-:tnc:;~;e~. ;1;.r}c.! ;1-}1
P., rt1· Cl. !...--n''1·1t,·
Q r..1.. .:.:, i•. il t·!·)' ' r,
.& • r .n)('r>i·'r~
• \.,
O'-...... :- v•i
. .......... "-, ._,1Li -r it, · ' - 'L·~ou·,··
t~ , t 11''-
.1\.• l".f'•·''''•
1
' -',;r-
_1., vu,.,,._,. _ ,"
_ n,
...J,.,
·:,·nc"
.. :,_ .. . i.. r-/\:,
J \ \i ..... _.1.:::.,~ ,·}· f
.-,.:. ·'-"-
the other.
(2) Every Mediator and Arbitrator shall conduct proceedings m a

patience and courteous manner to the parties and their representatives
'
or witnesses, and shall encourage at all times similar behavior by all \
I
participants in the proceedings. \•

''
(3) Every Mediator and Arbitrator shall not conduct a hearing \Vitbout
:1.ll parties being present, except where satisfic.t.i that adeqwite notice. of
:he time, place and purpose of the hearing have been served to the
Jarties .
155
Labour Institutions (Ethics and Code of Conducr for Mediarors and
Arbi rrators)
G..V. No 66 (col/Id J
(4) In circumstances where rnor,~ than one person act as Mediators

or Arbitrators. they shail afford each othe · opportunity to participate in
the proceedings.
(5) Mediators and Arbitrators shall not delegate thei_r functions in any
marter to any person, without prior notice to and the consent of the
Commission.
Post 8. --( l) Mediators and Arbitrators shall not in any way, disclose an
hearing mvard to any party prior to it being distributed to both parties .
(2) The mvard shail be definite, ceriain and concise .
(J) Mcdicttu1 ~ d.ml At lliU awr~ $hall not interpret or clanfy an award
without the consent of both parties and shall if deemed necessary, afford
each party an opportunity to be heard.
( 4) Where a part~, other than the applicant fails to attend at tJw mecuatio::
hearing_ a Mediator may issue an award deciding on a complaint.
Confide- 9. Ever -. Mediator and Arbitrator shall observe confidentiahi: -. . cf

ia I ity
11
infom1ation disclosed in the course of proceedings and shal l not iJ, ;:l ; ,y
vvay disclose such information except \,·here authorization to do so . has
been obtained.
\56
, l ·f/11, ·: 1111d Cole of Conduct for lvfediators and
.·l rh i I ratory
~~~~~~~~--~~-~
OH i \ 111 111:tlors shall strive to observe their Jurisdiction

11l .:-: as conferred upon by the Acts.
il, If 1 : 11 ( 1r shall accept an agreed settlement by

di 1· ::.t1 c:, in a dispute , at any stage of the
lii!l!l, 1:1:1)'. suspend proceedings and resolve the Mediation

by
qi, t11 nl 111 11 11 · rhe parties to the dispute consent. Arbitrators
l;tlli_ 1', :.111 /\. rbitrator may suggest to the parties to

•Hl'j• 11 rll, ·1L 1·, ;: reasonable possibility of a settlement.
1.i11 1.. , 1 . 11 ;i-ecd to settle thei r dispute, an Arbitrator

, ,, ,,1,1 · tlic dispute.
• 11 11 1·. . 1w:1rds, Iv1ediators ,md Arbitrators may have Reference

materials
1~,·.1, ds. dee ded cases or an i_ndependent research
i11 111 11 r 1 ·.p< ll1 sibil ty for decisions reached.
hlifil 1i1 .11HI Arbitrator shall not have regard to·authorities,

It p... ,1 q 1 1l'llTrcd upon tJ1em, if found appropriate, a hearing
ii d 1i ,1 1li is purpose .
. 11 ,ii /\ rbi trators shall reduce all settlement agreements Agreement

11111 \ ; ih•" · ,n.. (1.1 "';S to' -·,
~·-t1·. \..• :'.)
· gn . in writing .
1 ·1 11 1. 11 1\ fr il1 ::11w; and Arb itrators shall plan their vvork schedules Avoidance
of delays
, 11 l , 1wd1t1 o uo;; ~:::! tl ement of disputes.
1 ~, I i ; , ·i·il , i 1,, .1v1lid dcl ,ivs, l\1ediators and Arbitrators shall co- ooerate
J •
1,:1i 111 ·· . :1, ,,; thL: Commission.
! t1)c111 1' t1 111!1 lc tion of a hearing, Arbitrators shall adhere to ·the

pn .~, tl1! ·:i !J1 11t.· 1111\ll s for issuing an avv·ard.
I l I\ l 1·, !1 :1IM:s and .Arbitrators shall be 0r,overned bv

•
the contractual Fees and
I H'I wl:u1 L1I cm '-rn d tne
' C omm1ss1on
· · an d s l1a 11 at ali· 1 times
· expenses
, .. . . , , , 1, 111 11 111 11 11 , c 11l c r into an agreement with the pJ.,Lies in respect of

i II j ! I I\ 111 l' 11 i
I 57
-·---- - -- 1-
I
Labour institutions (Ethics -and Code of Conduct for A1ediators and
Arbitrators)
( ;_/·/. /·lo. 66 (c:~n'!c/.j
(2) :6Jl 1\1edi;.tors and A.rbitrators shall required to prepare and

maintain records in support of the service fees and expenses, and shall
account to the Commission in the time prescribed.
oc -~
C01npctt11,::y u.···t.(
1t .t'. i; "Aed.mtor an d
Ar b.1trator s ha 11 aec
r:very 1v,.
' '· r ' 1me
· appomtment,
. I
,..,:it11dn=i.w or request appropriate assistance, if they believe the dispute is
l~.
ueyutiG ,- .,. ': t-l~ ;s~
tdCi, compcl0nc1v.
- . o -,.:i:.-1-r:-a,
-,
I l
(2.) fvfcdia tors shali strive to understand issues which are part of the
dispute, before assisting the parties with the settlement of the dispute.
(3) At fac commcncerne.nt of the process, Mediators shall spend

tiine to understand the vositions. needs and expectations of the parties to
,1-!.. , ,~· rl;",-u·-'r,·
l . •
'
l-!.!V ,...._,U. ,)i} ' !.. ~ ·.
Violation 17 . A Mediator or Arbitrator who violates a.'1y prov1s1ons of these

of the Rules co:rnrnits an offence and may be liable for removal from office.
Rllks
· -~ 1,c....r "·
L v ..~ 2. a·1(..J...C...L~l
"":J
1 1 '.:l "ffi
~_;, , ADA.11.,1 NJANGA SrMBEYE,
,yh fvbrch 2007 Chairperson of the Commission
~.
IJ
158
Labour !nstifurions (l,fediurion and Urbirrotwn (;zudL'iinc
- - - - - -- ------ ------·--- - - · - · ·-----··-····..
Gfv'. No. 67 (contd)
6. Dispute s requiring med itc11 ion.

7. Representation.
8. Confidentiality.
9. Stages of mediation process.
I 0. Mediator to read referral documents.
l l. Information gathering stage.
12. Exploring options and developing consensus sta";~
13. Mediator to keep records.
14 . Consequences of failure to attend mediation.
I 5. Postponements.
l 6. Mediation during arb itration and 3 ccrnhined n, ,-. J,;:;t :rn1 cF
arbitration process.
17. Enforcement set1 lement agreements.
PART III
ARB1·1·rzA1·roN
l ~- Arbitration process.
I 9. Powers of arbitrator.
20. Dispute s requiring arbitration.
21. Representation .
22 . Stages of arbitration pr0cess.
23. Introduction stage.
24. Opening statements and narrowing of issues.
25. Evidence s tage.
26. Closing argument.
27. Award stag('_
'-·
28. Consequences of failure to (lttf'nr th ,~ ;:1rhitr,1 li n 11 .

29. Postpon ement;.
l t))
I -------
~
Labour Institutions (Mediation and Urbitration Guidelines)
I
-, G.lv'. No. 67 (contd)
PART IV
l\llU)IATION DURING ARBITRATION AND A COMBINED MEDIATION
ARBITRATION PROCESS
I in < ·nnsent of parties to the dispute.

( ·osts.
• ' I, c111ed ies for unfair termination of disputes .
< ·1,rrcction awards.
161
\
-- -I
l.'
I
Labour Institutions (Mediation and Arbitration Guidelines)

G N. No . 67 (contd)
l
THE LABOUR INSTITUTIONS ACT, 2004
(No. 7 OF 2004)
~ I
•
·j,I.
I
RULES
Made under section 15(1)(/)
THE LABOUR INSTITUTIONS (MEDIATION AND ARBITRATION GUIDELINES)

RULES, 2007
PART I
Citation 1. These Rules may be cited as the Labour Institutions (Mediation

and Arbitration Guidelines) Rules, 2007 and shall come into operation
on the date of publication in the Gazette.
Applica-
2.-{ 1) These Rules aim to guide M'ediators and Arbitrators
tion appointed by the Commission in the exercise of their powers and
functions and ·assist parties to resolve disputes provided that every
mediation and arbitration shall be considered on its own merit.
(2) Where there is any conflict between these Rules and the
provisions of any legislation, the legislation shall apply and mediations
or arbitrations shall by conducted in accordance with. any rules for
. mediation or arbitration pro~~edings that may be pub I ished .
PART II
MEDIATION
Mediation 3 .-{I) Mediation is a process in which a person independent of the

process parties is appointed as mediator and attempts to assist them to resolve
a dispute and may meet with the parties yither jointly or·separately, and
through discussion and facilitation, attempt to help the parties settle
their dispute .
162
- ·-- --- --- -
--·-·----- -- ··--
r '
u
(iv) the public interest generally.
(b) to respond in particular ways if a party or parties attend

mediation hearings;
( c) to summon a person for questioning, attending a hearing, and

order the person to produce a book, document or object
relevant to the dispute if that person's attendance may assist in
resolving the dispute.
Di s putes 6.-{ I) The Commission may refer a dispute to arbitration before it

requiring has been mediated or set down the mediation and arbitration hearing
medi a-
on the same date. In contemplating this , the Comf11ission may
tio n
consider the following- ·--·-··------- --
(a) the consequences of any delay in the mediation proceedings ;
(b) the prospects of settlement at mediation;
( c) the effective utilization of the Commission's resources;
(d) the interests of the parties; and
(e) the public interest generally.
(2) Parties may agree to submit a dispute to arbitration .
(3) Nothing shall prevent traue unions and an employer or

employers' association to conclude collective agreements providing
for t_he resolution of dispute outside of the Employment and Labour
Relati ons Act.
(4) Subject to clauses 2 and 3, a mediator on convening the

mediation and after allowing the parties to make submissions in this
regard may, rule that the dispute has been wrongly referred to
mediation through the Commission and the mediator may then dismiss
the referral of the dispute to mediation.
Re prese-
7-{ I) A party to a dispute may be represented by-'-
ntati o n
(a) a member or an official of that party's trade union or
employers ' association ; or
(b) an advJ cate.
Co n ftd e - --8.-{ 1) Without prejudice mediation is a confidential process aimed

nti a l it y at helping th e parties to a dispute to reach an agreement.
164
I ,j
I
l .uhour Institutions (Mediation and Arbitration Guidelines)
I G N. No. 67 (contd)
(.') l111'()J111 :1tio11 disclosed during mediation may not be used as

I 1· v1,k 11l·c 111 :iny other proceedings, unless the party disclosing that
1iil li 1111 :1l1 () 11 :, l:1lcs otherwise.
I ( 1) TIH· 111 cdiator may not be compelled to be
111 ._ ,\. ,;\°il i11 r.s i11 res pect of what happened during
a witness in any other
the mediation .
I (·1J I li e l: (>11f"idc11tial nature of mediation proceedings prevents the

f\ 11 d1 :t1 l1r , tlw p~1rtics and their representatives from disclosing any
I 11il ,1 i111 :i 111i11 () l>L1i11cd during mediation to any third party.
I '' (I) L: 1cli mediation may vary depending on the parties

111 , , il v,·d, 111, · ·-: ty k of the Mediator, the n·ature of the dispute and the
Stages of
media-
ti o n
, 11, 11111 •.1.111 t:1". i11volvcd and mediation? may involve four distinct
I 1111:'!'·'·
( lt ) Iii I 11 ,d Ill ( i1)(t;
process
I t i •) 1~. 11lw1 itl) '. inl<.mnation;

~i l ,. , ,,l 1JJ 11q ·. 1iptions and developing consensus; and
( ,I ) 1
,"(1111_•. l11 :.11Hl.
Mediator
I [i , ! I l I lw Me diator shall be prepared, having read the referral
I , !!!' 1,1it,··1i1.• ,,1 ,. I .111 y L1w applicable to the dispute.
to read
referral
docu-
1f'i ,,. fv lh l1 ,11 n1 ·,l1 ;dl introduce and welcome the parties, determine ments
lr,, q.i ,(L1\f \r; 111 \\'lih·l1 proceedings are to be conducted and if there is
, •1 r!!1 i 1,, r 1, 11,1 :,l.:i1 cH1 , ensure the presence ofan interpreter.
f\,l,·d1 .il u1 :, li ,tll decl are conflict of interest if any before the
,,11 ! 11( f\ i1•,l1 .i1 ,, ,· ·. 11:tll withdraw from the proceedings, whether or
1
hr:1 llg-1r· ,- ,·,, 1 11 1,11 , 1irn1 l'rom the parties, if the Mediator believes there
, a .,n.1 111 •1I .J ,, :q ,111 ,·l1 ,: w;i() 11 or bias or partiality.
k1,l, ;i (i11 ·.l1111dd g ive the parties an outline of how the

i 11 i "" , 111 1 d1 ,, l1;d :111cl dea lt with any concerns or qu er ies
11.p , 1
.1i'', .,l,,1 111 1l1 c process .
/1 :l1 ,i[t1 1:: 11 :ill i11form the parti es of any lo g istic

,11.! 111 :111p1 () priatc circumstances, obtain th e
165
1-
Labour Institutions (Mediation and Arbitration Guidelines) I
commhmeht of the parties to certain grour1d rules during the process I
and these may include the understanding of the following-
(a) that what is said in side meetings between the mediator and one
of the parties shall not be conveyed to the other party unless it
has been agreed;
(b) that what is said during mediation will not be conveyed to
anyone outside the process without the consent of all parties;
,..,
(c) that the Mediator will not be called by any of the parties as a
witness in any subsequent proceedings;
(d) that the proceedings are off the record and conducted on a
without prejudice basis ;
(e) a commitment from the parties to respect each other, the
mediator and the process. They should accordingly give each
other the opportunity to speak, as directed by the mediator and
shall ..conducLthe .proceedings in a manner that maximises the
possibility of a settlement being reached; and
(f) that the parties determine whether or not they wish to settle, but
the mediator controls the process and may decide when the
parties may or meet in a joint session se parately.
Informa- 11 . The mediator shall gather information about the dispute from
tion the parties in a joint session.
gathering (a) inviting each party to give their views on the dispute;
stage
(b) allowing each party an opportunity to ask questions for
clarthcation and to respond to any version given ;
(c) asking questions to the parties in an attempt to understand the
real inter~sts of the parties , the causes of the conflict, and what
the parties expect to achieve; and
( d) summarising the issues that need to be addressed during the
mediation.
Exploring t 2.-( I) The Mediator tnay commence exploring options with the
options parties either in joint sessions or separately with any of the parties ,
and depending on which options would best facilitate progress being mad e
• develop-
and may switch between these options and cons ider other proce ss
ing con-
sensus options such as-
stage (a) establishing a sub-committee from the parties;
(b) meeting with person or persons who provid e a mand ate to a
party.
I 6'J
'-
--i
h
I
I G N. No. 67 (contd.)
f (2) The Media.t or should consider the order in which issues are to
I- be addressed and attempt to generate possible trade offs or concessions
T between different · issues.
1- (3) The Mediator should assist the parties to reflect on the

consequence's of the choices available to them and ensuring that they
I ,,.
have considered all the implications involved.
l ( 4) The Mediator should attempt to widen the possible range · of

I solutions available to the parties.
(5) The Mediator should draw on the m~diator's experiences in

I dealing with similar disputes in other industr.ies or areas.
(6) The Mediator should ensure that the parties have iri mind the
'
I.
consequences of a failure to reach an agreement and that they compare
carefully the costs of settlement against the costs of stage of
11011-sc ttlement.
s I J .--(I) The Mediator shall carefully keep record of proposals and

cn unkr proposals made by all parties and at an appropriate stage, draft
Mediator
to
keep
:, d<)cumcnt reflecting consensus between the parties.
I record
(').) Where the parties have settled the .dispute, the Mediator shall
ii 1 :1 It a settlement agreement.
( \) The settlement agreement shall ensure that it-

( ;I ) is clearly understood by all parties;
( Ii ) does not create further disputes;
I ( (
(i i)
) 1·, c lear and concise;
i11cludcs a procedure for dealing with any disputes that ·may
:11 i.s c from the applkation or interpretation of the agreement;
I
-. (I • ) c :lin o; ror any ratification process required; and
-
{Il 1· . '· l/ '.11 t· d by a ll parties to the dispute.
-
' :. 1 J 11, •1,. , ·,1· tt lt·rn c 11t of the dispute is nor reached, the : Mediator
! t( , I i\ lj iili ' 1li :1t
i il i11 di ·q Htlc are narrowed down as much as possible,
t i; :-· ,,i~, ,j,'1.,
1ir11 1tii r , 11 11 : 11 :1rt ics to agree in writing on those issues in
ii• ptiJ ,. wl11t:!, l1 :1v(· bi..:en eliminated;
167
,.,_ -·-*" ....~...,.. -.,.,. ~ ... . • .,._..._,..<: _. -'*i+i}~!' ·fJ}?-C......-~-- ···?T- · -.. ":!<'~.!: .... __.P_. _ ...... ~
..,.,~---~-¥-_4 ._:.z:;.:;;.;:..:;;e..:::;:~ ~
· - -- - - - -- - - -
-1--\

(b) the parties are aware of their rights to process the dispute
further in terms of the Act.
(5) The Mediator shall complete the necessary documentation at

· the end of the mediation, identifying the nature of the dispute and
certifying that the dispute has been resolved or unresolved.
(6) The Mediator shall remember that the parties to the dispute are
involved in an ongoing relationship and therefore the mediation
process should accordingly be conducted in a manner that hopefully
contributes to the growth of that relationship, irrespective of whether
the particular dispute has been resolved or not.
Consequ~······ 14.-( l ). · Where a party is not present at the commencement date

ences of and time set, for the mediation, the Mediator shal I wait for a
failure to reasonable time to give the party an opportunity to arrive .
attend
media-
tion
· (2) Where a party fails to appear at mediation, the mediator may
do the following-
(a) in the case of a complaint the Mediator may postpone the
hearing in accordance with rule 15 or may-
(i) dismiss the complaint if the referrihg party fails to attend
a mediation hearing during the initial 30 days period;
(ii) decide the complaint if the other party to complaint fails to
attend a mediation hearing.
(b) in the case of a dispute of interest, the mediator may postpone
the hearing in accordance with rule 15 or may-
(i) extend the 30 days period by a further 30 days, where the
party referring the dispute fails to attend a mediation
hearing during the initial 30 days period; or
(ii) shorten the 30 days period where a party to the dispute
other than party to the complaint fails to attend such a
hearing.
(3) Subject to sub-clause (2) (a) (ii), where the party has failed to
attend a hearing, it does not warrant the Mediator to find in favour of
the party present.
168
•I
I . 1.1, , ,w l w r1r11r1u11s (Meclia tion and Arbitration Guicle/ines)
·~~~~~~~~
G. N No. 67 (contd.)
I
"!. ( I! ', 111 ,,. ., 1 1,1 ·.1!11, l:111 \c (2) (b) (ii), where the Mediator brings
1, oi \\ ,11, I , ,1 , I,· l.1, ,. .111: 111 y·, ri g ht to participate in a strike or locko ut the
·-
I
. I ,. , I 1.11, ,1 11;.1, ·.I 11 11 k 11 1II L· 3 0 days period to th e dat e of th c med iat ion
11,·. 111 111· , 1lw1 <l, 1· )'. 1vi11 g th e party prese nt the right to immediately
, ,, 11;111 ··11 ;. ,.· tl l<' °' kp o.; ll> c11 gage in a lawful strike o r lockout.
(' , ) :\ <k1:1s i1>11 hy a Mediator resulting from the failure of a party

Ii, ,~; .i11 ,·11<l 111 "· d1 :1ti o11 , may be reve rsed by the Commission if it beli eves
!11 ,'1,· \\1 '1\· i·•. ><>d '·!.!.ro u11d s for failure to attend.
I
.
( <, ) 1\11 :1ppli ca ti on to th e Co mmiss ion for th ese purposes shall be

I 111 1I 1,.· I l 1( .. . , · r i I i L' d In a 11 nc r.
I ·, ( I) Irrespec tive of whether on not there is an agreement Post-
I ! ,,·I wv (· 11 1l1 c parties, a Medi ator ·s haH postpone ·a · h earin g in th e

l, 111 11\vi,1.1.'. circumstances-
pone-
men ts
I ( :1J there is a good reason to do .so;
( I,) ll lli cr parties to th e dispute are not undul y prejudiced as a

Jl'Sllit; and
.l ( v ) tl1crc ~ire prospec ts that the dispute may be set tled as a resu lt of
til e pos tp onem ent.
I I<> . (I) Where the pa11ies to th e dispute consent, an Arbitrator may Media-
·, 1,·,11c11CI procee dings and reso lv e th e di spute thro ug h mediati on. ti on
during
a rhitr a-
(.'. ) The sa me perso n may be assigned to both media te and arbitrat e t1un
) ii di :, put e. and a
com-
( 1) The perso n shall not mee t with any of the parties se parate ly bined
ml'.clia-
d11ri11g th e mediation process, as thi s may c reate a perception of ti on or
l1i ;1~; ncss or partiality. arbi tra-
ti on
(4) The perso n shall, during the mediati on phase, attempt to focus process
<,11 ;1n.:as of se t11ement as opposed to the factual iss ues in dispute.
(5) Wh e re the perso n is not able to se ttl e th e di sp ut e durin g

111 ccl iati o n, an atte1,11pt shall be made to narrow down th e iss ue s in
di spute as much as poss ible, to reduc e th e amount of evidence to be led
d11ring arbitration.
169
- - --
G N No. 67 (contd)
Enforce- I 7.-(I) The Commission may, by an agreement between the parties

ment set- or on application by a party, make any settlement agreement in re spect
tkmrnt of any dispute that has been referred to the Commi ss ion an arbitration
agree- award.
ment s
(2) An arbitration award can be served and executed in the Labour

Court as if it was a decree of a court of law. .I
PART III
ARBITRATION .I
Arbitra- 18.-( I) Arbitration is a process in which a person appointed as an
t io 11 Arbitrator for resolving a dispute determines the dispute for the parties .
process
(2) The process involves a hearing where partie s present evidence
and argument.
(3) The Arbitrator's decision is provided with reaso ns in awritten

award.
(4) An arbitration award is binding on the parties to the dispute and

is enforceable before the Court.
(5) No appeal 3hnll lie agai11st a11 aruitrawr's award.
('6) Notwithstanding the provision of sub-rule (5) an application

may be made to the Court to set aside the award on the basis of
irregularities in the arbitrator proceedings .
l\)1\crS 19.-( I) An Arbitrator has the power to determine how the

of arbi" arbitration should be conducted .
trat or
(2) The powers of the Arbitrator include to-

(a) administer an oath or accept an affirmation from any person
called to give evidence;
(a) summon a person for questioning attending a hearing, and
order the person to produce a book , document or object
relevant to the dispute, if that person's attendance may ass ist in
reso lving the dispute .
170
I
I I , i/,(1u1 · !11stit11tions (Mecliution one/ Jtrhitration Guidelines)
. - -- · - ..
G N. No. 67 (conrcl;
I ·1; ( II I >i :; pt1lc shall first be resolved through mediation. Disputes
requ1nng
I- ·i 111 1. · 1\'kdi:1tur may refer a dispute for arbitration before media-
arbitra-
tion
1" '(1 , ,1 ·. ,:1 tl 11w 11 the: mediation and arbitration hearing ori the same
I I ill 111 . , J11k111pl:1ti11g this , it may consider the-
\ • \ ) ,', 111 .(· q11,·11ccs or any delay in the arb itration proceedings;
I ( I 111, ,·.pq :ts of settlement at mediation;

I• ,· 111·, t, vc 11tilization of the Commission's resources;
-I
-i·'·
d 111k1 ,·•.l'. of'lltc parties; and

I >' ) 1,1_ il,l1 1· 111tocs t generally.
( { 11" · ly11v·-. ( i f di sputes referred for arbitration include -
{ I! I ., d1 :.p11t1..: 01· interest if the par1ies to the dispute are engaged 111
,1,, ._,..,,1. ·1111 :tl s<.:rvice;
(1, , . 1 1. , >11111L11111 l>vcr the following-
I 1 11
t 11 )
1I 11: L, irr1c: ss ufan·em ployee 's termination of em ployrnent;
:1. 1111tr,1vc11tion of labour legi s lation or breach of contract,
111 wl1i clt the ajoun_t claimed is within the pecuniary
11111·.d, ctiun of th e Resid ent Ma gis trates' Court;
11 11, .111 y di spute refe rred for arbitration by the Court.
i1'f',;;,
1-1 , 1 11 111p l:1it1 t means a dispute over the application,
\
,11 11 1 p,1. 1fi I i1:11 (1 1 i1nplernentation of right s emanating from an
II 11•1,, , i11 11 1, , 11 1111 :id o!' employment or labour legi s lation and ;;i. di spute
1 111 t•, 111 ·. ;111 y labour dispute other than a complaint.
I 1,.111 y to a di sp ute may be represented by- Repre-
l '\ J !' ' (' 111lwr or an official of that party's trade union or sentation
~
0
1,q il l1\' c·1·.· :1ssociation; or
I I j) l t Ii .I ii \ ' It •l I (.
t I the discretion of the Arbitrator as to the

'·,1 ilq ,•,·1 10 Stages
of arbi-
1,, 1111 nl· proceedings, a party to th e dispute may give
tration
i ll \\·111icsscs, question witnesses and present arguments.
process
'I j I, , ,. 11l 1111 .11i u11 prnc~ss involve the following five stages-
1i1i l)' ·. 1:i1, ·111 c11t s and narrowing of iss ue s;

Jj {; ' ! 11 l
11 I' lli i l '. ·11 I . •111d

iI iJ
171
--·--- --

lntrodu~ 23.-{ 1) The Arbitrator shall introduce and welcome the parties,
ct ion obtain a register of all parties in attendance, determine the language in
stage
which proceedings are to be conducted and if there is a need for
interpretation, ensure the presence of an interpreter.
(2) The Arbitrator shall explain the arbitration process to the parties
particularly if they have no previous experience of the process answer
any questions raised by the parties and ensure that the parties have a
clear understanding of the process .
(3) The Arbitrator shall disclose conflict of interest if any .and

whether has had any contact with any of the parties before the
arbitration.
(4) The Arbitrator shall withdraw from the proceedings, whether or

not there is an objection from the parties, if the Arbitrator be) ieves
there is a reasonable apprehension of bias or partiality.
(5) The Arbitrator shall clarify the manner and extent to which the
aroitration proceedings are to be recorded, and ensure that, the
necessary recording takes place .
(6) Prior to the commencement of the opening statements, an

Arbitrator shall deal v,,ith preliminary issues that.,may arise .
(7) The Arbitrator may equally have concerns in regard to some o[

the issues, having read through the documentation prior to the
proceedings.
(8) In the event of preliminary issues being raised each party shall
be given the opportunity to present evidence and arguments .
(9) The Arbitrator may elect to decide the preliminary point before
proceeding with the arbitration or to conduct the arbitration and decide
the preliminary point at the time of considering all the evidence in the
matter.
( 10) In some instances it may be necessary· to determine the

preliminary points before proceeding with the arbitration.
172
Labour Institutions (Mediation and Arbitration Guideline::,)
G N. No. 97 (contd)
1
·I. (I) Each party to the dispute sh al I provide a concise opening Opening
state-
1.1u 111 c nt containing the following-
ments
(. ,) :, statement of the issue or issues in dispute; and nar-
{11) :1 brief outline of the dispute; and rowing
(1~) :in indication of the outcome that party will seek at the of issues
c() nclusion of the arbitration.
· ) The Arbitrator shall emphasize to the parties that what is

i: ,1 1!1 ,1111,_. d i11 their opening statements does not constitute evidence in
1"·,·1 ( 1' th e issues in dispute, unless admitted between the parties.

1
tl I lw first party to make an opening statement shall present its

, ,i 1 11 •.1 11,, uughout the proceedings. If the parties do not agree about
H1 ,..J ,,ill ;.t:,rt , the Arbitrator shall be required to make a ruling in this
t . f '-· i I ' I
,I il1~i1 . in a dispute over an alleged unfair termination of

,w 11 1 ii ,l. employer will be required to start as it has to prove
,- r ,11111. 11 ie\ 11 was fair.
1,,, t' 1ii1,: l11 s io n of the opening statements, the Arb1trator shall
,; 1,J " W ,lnw n the issues in dispute as much as possible and
f!111 i i i: '- that the purpose of doing so is to eliminate the

, i1·1 , c spcct of factual disputes .
,JUi i1:11or is required to determine a dispute in which

" ··, 111 . th e parties may argue their respective cases
1v,1q· d facts .
1\, 11l(· c() pi cs of each document intended to be used

,l ,,11 .11 ,H and for each party to the dispute .
k ,11 :11t cmpt to prove their respective cases Ev idcn c_c

,1111 ··. ,.\' ,; ,.; hall tes tify under oath through th e stage
, 1\•1111 l:<;s wh o kn ows relev ant inform ati oil

IJJ (11 ;.putc ob ta in s th atinfonn ati o n by 11 0 1
11;;11•. 11) th e perso n;
173
(ii) parties are predicted to ask leading questions during an

examination in chief.
(b) cross examination:-
(i) the other party or part:ies io the dispute may, after a witness
has given evidence, ask any questions to the yvitness about
issues relevant to the dispute;
(ii) obtain additional information from the witness or challenge
any aspect of the evidence given by the witness;
leading questions are allowed at this stage of proceedings.
(c) re-examination, the party that initially called the witness has a
further opportunity to ask questions to the witness relating to
issues dealt with during cross-examination and the purpose of
re=examinat.ion is to correct or clarify evidence covered during
cross-examination.
(2) Arbitrators are entitled to ask questions to a witness at any
_,...._,.. stage, but shall at1empt to keep most of their questions until the end of
the cross-examination of that witness.
(3) The Arbitrator shall give the party cross-exam ming, a

further opportunity to ask questions arising from the Arbitrator's
questions and the party conducting the re-examination may take into
account all questions asked by the other party or the Arbitrator.
26.-{ I) Having presented the evidence parties are given opportunity Closing
to make closing arguments based on the facts admit1ed or presented to argument
the Arbitrai~r.
(2) The Arbitrator may choose to alert the parties to

specific issues to be canvassed during their closing arguments.
(3) The closing arguments shall contain the following-

(a) a restatement of the iss ue or iss ues in dispute;
" (b) an analysis of the facts; and
(c) submissions .
.,,
(4) Parti es shall address the Arbitrator with pyrsuasive v~rsions
supported by most lega l principles or authorities shall be provided to
support their case.
174
I u/,n11r ln.\'litutions (Meaiation and Arbitration Guidelines)
1 /. (I ) I li e Arbitrator shall write and sign a concise award Award

stage
, , ,111 :11111111·. Ili c de c ision within the prescribed time v 1 ith reasons.
·I ( ') I IH.: :1ward slml'f-"=be served on all p;arties to the dispute in the
-- - ·!
;1·1.111111:1 "pc c iljcd ir~:~.:ih_e.__ _r..u.J~s-- for med iat ion and arbitration
/ .' I i i,:c(:(11 .11/',S .
....L.-··.::o
1 \ ) t\ll ;1ward shal(~ontain the following-

(:1) dc1:1il s of-tl'fe-P._arties; ·
( I i ) 1l1 c issue or issues in dispute;
(, ) ha c k g round information (i.e. information admitted between the
p:11 t i<..:s );
(, I) •.111111nary of the parties' evidence and arguments;
1~: i 1t·:1sc)11 s for the decision; and
( I l 11, c ()rdcr (the precise outcome of the arbitration).
· ); ( I ) When a. party fails to attend an arbitration hearing, an Conse-

, 1! ,11 1iii, )J 1n~1y do the following- quences
. , ',i,
o f fai I ure
1:11 wl1nc a party who referred the dispute to the Commission fails
to attend
I ll ;1ttt:.11d the hearing, the Arbitrator may dismiss the matter or the arbi-
pl ,sl pone the hearing. tration
r I , l wlinc a party against whom relief is sought fails to attend, the
.'\ rhitrntor may proceed in the absence of that party or postpone
ili v hearing.
·l W li e re an Arbitrator proceeds in the absence of a party, the

1°, 11 1, 11,,·,.,· 1ll lias to prove its case and to present an opening statement,
,,k , 11 l ' . :11)(! any argument in support of its case .
1 1) 111 the absence of the opposing party there s hall be no

, ,•, .1111111;1tion of witnesses called and the Arbitrator may question
witnesses to enable the Arbitrator to decide whether the
-, ,i., • • •, ,, ,
1 11\' ,,..; 111 has proved its case.

1
1Il Arbitrator shall postpone a hearing in the followin g Pn stpo-
'
/\ll
ncmcnts
11 1!1 1J(· is a good reason to do so ; and

i; 1Ji, 1 1 11:1rtics to the dispute are not u11dul y prejudiced as a re sult
1 I " ,·.11 >n11ement.
175
-

G N. No. 67 (contd)
PART lV
MEDIATION DURING ARBITRATION AND A COMBINED MEDIATION
ARBITRATION PROCESS ,. ,~;
Consent 30.-{ I) Where the parties to the dispute consent, an Arbitrator may
of Parties suspend proceedings and resolve the dispute through mediation .
to the
dispute
(2) Same person may be assigned to both mediate and arbitrate a
dispute.
Costs 3 1.-{ I) An Arbitrator may not order for costs ·unless a party or a
person representing a pacty acted in a frivolous or vexatious manner.
(2) A party or person shall b_e a,cting in a

frivolous mann~r if
beh<1ves in a manner that did not show appropriate respect for the arbi-
tration process;
. .
-'I' I' (3) A party or person shal I be acting in a vexations manner if.pro-
ceedings were institut·e,d against another party on insufficient gr_oiinds
with the intention of troubling that party.
(4) Order for costs -shall be granted iri accordance with the rules
for mediation and arbitrati'pn procee·dings and the scale of costs provid-
ed . ·
..
Remedies 32.-{ I) Where an arbitrator finds a termination to be unfair, the
for Arbitrator may order the employer to reinstate , re-engage the employ-
unfair ee or to pay compensation to the employee.
termina- ,.,,..-
tion . fJv I . . .. ·.
of dis- (2) The Arbitrator shall order re-mstatem~nt or re-engage.meht
putes where- ('.. · ..
.,. (a) the employee does not wish to be re-instated or
re-engaged;
,_ (b) the circumstances surrounding the termination are such that a
continued employment relationship would be intolerable;
(c) it is not reasonably ;practical for the employer to re-instate or
re-engage the employee; or
(d) the termination is unfair because the employer did not follow a
fair procedure.
176
- --·_,".":~ -
~~
·,
I (tvfediaiion and Arbitration Guidelines)

i,:.
11t 11 1 •, 11 :111 lie subject to any terms of employnicnt

,l1·1·11k. fg,:...
ff
pp.,· 1 . 1,1' 1!11.:se Rules rc-instateme111 rnean s that an ..
1,11 1 l• .11 i< i111hejob unc:onditionally.
(:2). an Arbitrator may make an award of

i
~
11.i 11 l>ased on the circumstances of each · case {.
~
,, 1. Ii , •\•. 111 r. h e tors- ~~,
, id" ,I 111 i11 iina or maxima compensation ;
!• ltl l j• ,v l, icli the termination was unfair;
[{:<
, i1 111·11 1,· :; or the unfair terminat ion for ihe parties,
~
111, 1· -. 1,·1 11 to which the employee was able t_o secure ~
, ,. , ,, k Ill employment; i~
11 1 .. 1 11, c employee's remuneration; il
~
'"'" ,1 i ii <"l n11pcnsation grapted in pre.vim1s similar cases ;
, •111 1l11 ct during the proceedings; and
1 Y.
1
l'
',.., 1!1 , , 11·k v;1111 fa ctors .
'\.. f!
~j
i,111 , i{ (l j may, On application by a party tO the dispute
~
'I " I 'd Corn:t-
1;n t1•1·.. 11w n accord, correct any c'lcrical· mistake or error lion
11 ,I 11 011 1 any accident slip or omission . or t1
:~
;1wan.h ~
~
~
111 , 11111 111 1·. out 1he limction provided in sub-rule (I), an
1 r<
~
i1 r1II liil ln·: .. th e p1 u._(Ju1 c !>t: l uul ift the Rtilcs for med1at1011 ~
1i,11 l'H·\·cc din gs . 3
1-,~
11 1 l \ f! ! i li .il\11i; :;hall ensure that parties do not interfere with the
I in1 1.l 11q•. 11;1111rT o f' an award.
i;
:;
~
f
AD.~1\-1 NJAI\GA S1M£3EYE.

I, ' fH J I C'hairpersvn (~/'the Commission
-~ 177

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·- ·40 ,.; ~--; - ·~-.~~

· TH_E EMPLOYMENT AND LABOUR RELATIONS .

.-T IIE LABOUR INSTITUTIONS (MEDIATION AND

;.-~ · · . [GOVERNivfENT NOTICE. NO~ 64 OF 23RD MARCH, 2007] \·

: THE EMPLOYl~fE;;AND LABOUR RELATIOJ;'1S .·

[GOVERN1v1ENT NOTICE NO. 65 OF 23R? MARCH, 2007]

.()NDUCT FOR MEDIATORS AND ARBITRATORS)

fHE LABOUR INSTITUTIONS (MEDIATION AND r ·:·8

GovrnNM!:'tH >kn,c;:: i'fo . 42 published on I 6/2i2007

THE EMPLOYMENT AND LABOUR RELATIONS ACT, 2004

Made under section 99(1)

THE EMPLOYMENT AND LABOUR RELATIONS (CODE OF GOOD PRACTICE)

(i) Forms of Termination and Procedures

ll. Managing conduct.

{iv) Poor work performance

17. Fairness of the reason.

(v) Ill- health or injury

19. Fairness of the reason .

2f': Fairness of the procedure .

(b) OPERATIONAL ~QLIIREMENTS

(c) SEVERANCE PAY

Employment and Labour Relations (Code of Good Practice)

29. Prohibition of Discrimination.

39. l)ole of strikes and lockouts in collective bargaining .

Employmeni and Labour Relations (Code of Good Practice)

49. Applying the Rules .

50. Recognition and objectives.

(b) COLLECTIVE AGREEMENTS

58 . Agency shop agreements.

THE EMPLOYMENT AND LABOUR RELATIONS ACT, 2004

Made under section 99(1)

THE El\lPLOY\lE'\T .\'\l) L.\BOL ' R REL.-\TlO\"S (CODE OF GOOD PRACTICE)

(Code of Good Practice) Rules , 2007 .

employer organizations, mediators , arbitrators, assessors, j~dges and shall

(i) Forms of Termination and Procedures

(d) failure to allow an employee to resume work after a maternity

(2) A la\\'ful tcm1ination of employment under the common law shall

(3) The rules regulating the tem1ination of a contract ofemployment

( 4) The agreed duration shall be applicable where there is-

(3) Subject to sub-rule (2), a fixed term contract may be renewed by

( 4) Subject to sub-rule (3), the failure to renew a fixed-term contract

Employment,_E_nd Labour Relations (<;'ode of Good Practice)

(6) The provision of this rule shall not apply where-

(a) the size of the employer may justify a departure:

(b) the nature of the employment business may require strict

(c) collective misconduct mayj~stify a departure from the ordinary

(7) The provision of this rule may be vari~d by collective agreement.

s ~-( l) A contract of employment may be terminated automatically in ...\utomatic

(2) Subject to sub·rule ( l ), a person taking over the business in such

(3) Unless the contract of employment provides otherwise, a contract

(2) \Nhere there is an indefinite contract. the cmplo~ cc may resign-

'(a) by giving a notice of tem1ination: or

(4) Conducts ,vhich shall amount to a material breach of a contract

(5) Notwithstanding· section 41 of the Act, the minimum period of

(2} Subject to sub-rule (I) , the following circumstances may be

(a) sc:-,,:ual harassment or the failure to protect an employee from

Lmp!oymeni cmd Lobc~ur Rr.:/c, !ONS (Code cl Good Pracrice)

8 -·-(I) An emp loyer may tcm1inate the employment of an employee if T LTl1lu1ati Jn

· (b) ·con1p lics ,\'ith the provisions of sections 41 to 44 of the Act

(d) has a fair reason to do so. as defined in Section 3 7(2.) of the

(2) Compliance ,vi th the provis1Qns of th f. r.nntr;:irt relating to