Appendix 6.2 Employee termination on poor performance
The following sections of the Tanzania Employment and Labour Law 2007 provide the
legal framework for an employer who wishes to fire staff based on poor performance.
17 - (1) Any employer, arbitrator or judge who determines whether a termination for
poor work performance is fair shall consider;
(a) whether or not the employee failed to meet a performance standard;
(b) whether the employee was aware, or could reasonably be expected to
have been aware, of the required performance standard
(c) whether the performance standards are reasonably be expected to have
been aware of the required performance standard;
(d) the reasons why the employee failed to meet the standard; and
(e) whether the employee was afforded a fair opportunity to meet the
performance standard.
(2) Although the employer has the managerial prerogative to set performance stan-
dards, the standards shall not be unreasonable.
(3) Proof of poor work performance is a question of fact to be determined on a bal-
ance of probabilities.
18 - (1) The employer shall investigate the reasons for unsatisfactory performance. This
shall reveal the extent to which is caused by the employee.
(2) The employer shall give appropriate guidance, instruction or training, if neces-
sary, to an employee before terminating the employee for poor work perform-
ance.
(3) The employee shall be given a reasonable time to improve for the purpose of
this sub-rule, a reasonable time shall depend on the nature of the job, the extent
of the poor performance, status of the employee, length of service, the em-
ployee’s past performance record.
(4) Where the employee continues to perform unsatisfactorily, the employer shall
warn the employee that employment may be terminated if there is no improve-
ment.
(5) An opportunity to improve may be dispensed with if –the employee is a man-
ager or senior employee whose knowledge and experience qualify him to judge
whether he is meeting the standards set by the employer 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 finalizing 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 taken and al-
low the employee and/or the representative to make representations, before fi-
nalizing a decision.