Microsoft Word - APAM-2 4.1.doc

• Statement of offences were signed by unauthorised officials


• Inquiries and decisions were made outside committee meetings


• Penalties were given by unauthorised officials


• General breach of the principles of natural justice including opportunity to be
  informed and heard (Makoninde 2010: 49).

Therefore, discipline management is an issue that required intervention in a wider sense
not only at Babati District Council but perhaps also throughout the whole country. All
local authorities in Tanzania use the same legal framework in employee discipline man-
agement and Babati District Council does not have special characteristics, which may
suggest that other local authorities fare better. So, continuous efforts to build capacities
of officials, and awareness creation strategies for employees are some of the initiatives
that have begun.

Regulatory framework for collective bargaining in Tanzania

Collective bargaining between an employee and employer is governed by the employ-
ment and labour laws regulation 2007. Part V is entirely devoted to terms, conditions
and procedures for collective bargaining; including the role of trade unions (see Appen-
dix 9.1). Section 54 - (1) of the regulation instructs collective bargaining as being in
good faith by requiring the parties to explore issues with an open mind and with the
intention of reaching an agreement.
Section (2) gives conditions for bargaining in good faith as:

1. Respecting the representatives of the parties,


2. Preparing for negotiations in advance, which entails developing proposals and se-
   curing mandates for those proposals,


3. Maintaining consistent representation during the negotiation process, unless there
   are good reasons for not doing so,


4. Being punctual for all meetings,


5. Presenting any proposals made, and


6. Duly considering proposals made by the other party and, if not accepted, giving rea-
   sons for rejecting them.

Similarly, the law outlines indicators that show bargaining without good faith (see Sec-
tion 3 in Appendix 9.1). Section 55 (1) enumerates matters of collective bargaining to
be:

1. Wages, salaries and other forms of remuneration,


2. Terms and conditions of employment,


3. Allowances and employment benefits, employment policies and practices concern-
   ing the recruitment, appointment, training, transfer, promotion, suspension, disci-
   pline and termination of employees,


4. The collective bargaining relationship including:


5. Organisational rights,


6. Negotiation and dispute procedures,


7. Grievance, disciplinary and termination of employment procedures, and


8. Any other areas agreed upon.