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Tanzania, United Republic of - Substantive requirements for dismissals

Substantive requirements for dismissals (justified and prohibited grounds) - Tanzania, United Republic of - 2013    

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Obligation to provide reasons to the employee: Yes
  • Article 41(3) ELRA

Valid grounds (justified dismissal): any fair reasons
  • Art. 37 ELRA: employees may not be dismissed unfairly by an employer. Termination of employment is unfair if the employer fails to prove that the reason for the termination is valid, that the reason is fair and that the employment was terminated in accordance with fair procedure. A 'fair' reason is one that is related to the employee's conduct, capacity or compatibility; or is based on the operational requirements of the employer.

Prohibited grounds: marital status; pregnancy; family responsibilities; race; colour; sex; religion; political opinion; social origin; nationality/national origin; age; trade union membership and activities; disabilities; exercise of a right; participation in a lawful strike; whistle blowing; HIV status; place of residence; ethnic origin
  • Article 37(3) ELRA lists unfair grounds for dismissals: It is not seen to be fair to dismiss the employee if the employee discloses information that the employee is entitled to or required to disclose, fails or refuses to do anything that an employee may not lawfully permit or require the employee to do, exercises any right conferred by agreement, belongs to a trade union or participates in lawful activities of a trade union, including a lawful strike. It is also seen to be unfair to dismiss an employee for reasons related to pregnancy, disability or reasons that constitute discrimination under the Act.

    - Art. 7(4) ELRA prohibits discrimination against an employee in any employment policy or practice on any of the following grounds: colour; nationality, tribe or place of origin, race, national extraction, social origin, political opinion or religion, sex, gender, pregnancy, marital status or family responsibility, disability, HIV/aids, age or station of life. Harassment of an employee is considered to be a form of discrimination.

Workers enjoying special protection: pregnant women and/or women on maternity leave
  • Article 37(3)(b) ELRA: It is also seen to be unfair to dismiss an employee for reasons related to pregnancy.
    In addition art. 41(4) ELRA provides that notice of termination shall not be given " (a) during any period of leave taken under this Act; or (b) to run concurrently with any such period of leave". This includes maternity leave ( 84 days min,. see art. 33 ELRA).

    [See also art. 36 ELRA: failure to allow the employee to resume work after taking maternity leave granted under the ELRA or any agreed maternity leave is considered to be termination of employment, and therefore, if unilaterally decided by the employer, the fair reason requirement shall apply]