The term “termination of employment” refers to the end of the employer-employee relationship. Any participant in this agreement has the right to terminate it according to the agreement’s terms and conditions. While it is an agreement like any other, the legislation and rules defining employment laws in Tanzania make it special.
According to Tanzanian law, an employment contract can be cancelled by both parties agreeing to it or by the worker resigning and the employer terminating it. These contracts can be ended for various circumstances outside the control of the parties, such as the death of one of them.
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There are several reasons why an employer would want to fire an employee, as noted below:
Termination due to operational needs, incompatibility, inability, or misbehavior.
Employers must exercise caution since they can fire employees for the reasons stated above; nonetheless, the law requires that the termination be fair and that the procedures outlined in the Employment and Labour Relations statutes be followed.
It is critical to remember that the rules of justice dictate that everyone has the right to be heard. The same set of rules governs employer-employee relationships.
Employees are entitled to be heard before being fired by their employer, irrespective of what they have done. Even if the employee’s actions fit under one of the four reasons listed above, the employer should be aware of the following:
A fair hearing requires the following:
- The employee must be given notice of the allegations. The accusations against the employee should be clearly stated in this notification and the employee’s rights during the hearing.
- A reasonable amount of time must elapse between the date of notification and the date of disciplinary action.
- Employee rights should be explained, such as the opportunity to respond vocally or in writing to complaints made against them.
ii. The right to have someone accompany them to the hearing.
iv. The right to summon witnesses
iii. The right to question the employer’s witnesses in cross-examination.
This is what is believed or perceived to constitute a reasonable, fair hearing, albeit it is not exhaustive. It’s important to note, however, that what defines a fair hearing will almost always be determined by the circumstances of each case. Every case is judged on its own merits.
It should be highlighted that regardless of the seriousness of the employee’s misconduct and regardless of whether or not the employer has credible evidence, the proper procedure for terminating such employees should be followed, as failure to do so will be considered summary dismissal. This would imply that the employee was fired without first being given a chance to defend themselves in front of a disciplinary body.
Suppose an employee refuses to admit or accept that they committed an offence. In that case, the corporation should schedule a disciplinary hearing to avoid lawsuits that could result in financial loss due to penalties.
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