The Legal Framework of the Commission of Mediation and Arbitration in the Settlement of Labour Disputes in Tanzania

Abstract

This article examines the legal position of the Commission of Mediation and Arbitration (CMA) in resolving labour disputes in Tanzania. It examines labour disputes and the settlement of labour disputes under the CMA through mediation and arbitration, in accordance
with the Employment and Labour Relations Act, Cap 366 RE 2019 (ELRA), and the Labour Institutions Act, Cap 300 RE 2019 (LIA). The analysis focuses on the legal and institutional framework of the CMA, the powers of meditators and arbitrators, and court decisions on the mandates of the CMA. The article examines procedures for referring disputes to the CMA for mediation and arbitration, including time limits for referring the dispute, condonation, conducting mediation and arbitration, determining jurisdictional issues in arbitration, maintaining records of arbitration proceedings, joinder and substitution of parties in arbitration, and arbitration awards, as well as how to challenge faulty awards. Combined mediation and arbitration (med–arb) and its legal framework also form part of the discussion. In settling labour disputes, the CMA faces challenges such as jurisdiction, the time it takes to resolve disputes, the appearance and non-appearance of parties at the CMA, the legal effects, and conflicting decisions and procedural inefficiencies that impede its performance. The article calls for amendments to the ELRA, the LIA, and the rules made thereunder and for the CMA to address challenges that inhibit the smooth settlement of labour disputes.