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FAQ

FAQ

You can learn more from our frequently asked questions

Welcome to ATE, We have published below some of the most frequently asked questions which might help you or shine some idea about something. 

It is the employer’s duty to establish and implement a Code of Conduct for employees at the work place and to have disciplinary policies and procedures to guide the Conduct of employees. It is also the obligation of an employer to make these policies known.
The employer should also ensure that these policies are applied uniformly to employees of the same situation or circumstance. (Rule 11(1) of the Code of Good Practice Rules, GN 42 of 2007).
The employee needs to be given a chance to be heard in an informal meeting before a warning letter is issued. In this meeting, the employee may have a representative present. The manager considers the statement of the employee before deciding whether or not to issue the warning. (Item 3(1) of the Guidelines for Disciplinary, Incapacity and Incompatibility policy and procedure in the Schedule of the Code of Good Practice Rules, GN 42 of 2007).
The employee signs the warning letter that s/he has received it. (Item 9(1) of the Guidelines for Disciplinary, Incapacity and Incompatibility policy and procedure in the Schedule of the Code of Good Practice Rules, GN 42 of 2007)
This depends on an employer’s policy and code of conduct. However, the offences listed in the Code of Good Practice that may result in a warning are:
Late for work and other time keeping offences, unauthorized absence for up to 5 days, failure to carry out reasonable instructions, doing unauthorized private work at the workplace, causing damage or loss to property, misuse or neglect or employer’s property, unacceptable behavior towards clients, employees and others and/or general offences of organizational rules.
A warning letter may be issued by the employee’s supervisor or manager. (Item 3(1) of the Guidelines for Disciplinary, Incapacity and Incompatibility policy and procedure in the Schedule of the Code of Good Practice Rules, GN 42 of 2007).
A show-cause letter is one which the employee’s manager or supervisor issues a letter asking the employee to show cause as to why disciplinary action should not be taken against him/her.
Yes. There is a need for a disciplinary hearing since the law provides for all terminations to follow proper procedure and for there to be a valid reason.
An employee may choose to represented by a trade union representative (whether from the branch or from the regional office or elsewhere) or by a fellow employee. Unless the company policy stipulates otherwise, outside lawyers or other people are not allowed to represent the employee in a disciplinary hearing (Rule 13(3) of the Code of Good Practice G.N. 42 of 2007)
An employee may choose to represented by a trade union representative (whether from the branch or from the regional office or elsewhere) or by a fellow employee. Unless the company policy stipulates otherwise, outside lawyers or other people are not allowed to represent the employee in a disciplinary hearing (Rule 13(3) of the Code of Good Practice G.N. 42 of 2007)
The notice for the hearing should contain the following information:
Kindly be informed that you have the following rights in the law rightfully attributed to you:-

1. You have the right to be represented by your fellow employee of your choice
2. You have the right to call any witnesses and question any witnesses called by the Management
3. You have the right to bring any evidence and question any evidence given to you
4. You have the right to appeal any decision that will be made by your hiring authority within 5 days after the outcome.
5. Any other right afforded to you by the law.

The Chairperson shall make findings which shall form the basis of the determination.
Should you fail to appear without reasonable cause; the hearing shall proceed without your presence.
The chairperson should consider:
(a) whether or not the employee contravened a rule or standard regulating conduct relating to employment;
(b) if the rule or standard was contravened, whether or not
(i) it is reasonable;
(ii) it is clear and unambiguous;
(iii) the employee was aware of it, or could reasonably be expected to have been aware of it;
(iv) it has been consistently applied by the employer; and
(v) termination is an appropriate sanction for contravening it.
(Rule 12 of the Code of Good Practice Rules G.N. 42 of 2007)
1. Check the accuracy of the minutes (if minutes are produced)
2. Consider and decide whether the employee is guilty of the alleged misconduct
3. Consider mitigating factors that were put forward and others you believe are relevant – if necessary reconvene the hearing to do so.
4. Review the employee’s personal file for other relevant information (e.g. previous warnings/counselling)
5. Decide on the appropriate sanction
6. Prepare a written decision/recommendation with reasons
7. Provide a copy of the finding to the employee and his/her representative and to HR
8. Inform the employee that he/she has the right to an appeal within 5 working days of the sanction/decision of hearing, or in the case of termination to refer a dispute to labour office.
Should the employee not sign this warning letter, a witness present may attest that s/he was issued with this warning.
The employer can use various measures including counselling, verbal warnings, written warnings, grievance handling mechanisms, disciplinary hearings and/or finally termination. (Rule 11 (4) of the Code of Good Practice Rules, GN 42 of 2007).
The purpose of a warning is to notify the employee that a further offence of a similar nature may result in more serious disciplinary actions. (Rule 11 (5) of the Code of Good Practice Rules, GN 42 of 2007).
An employee, if dissatisfied with the warning letter may write an appeal within 5 working days to the next level of management higher than the manager who issued the warning. (Item 3 (4), (5), (6) and (7) of the Guidelines for Disciplinary, Incapacity and Incompatibility policy and procedure in the Schedule of the Code of Good Practice Rules, GN 42 of 2007).
Written warnings and final written warnings should be kept in an employee’s personal file and should remain in operation for six months (Item 9(2) of the Guidelines for Disciplinary, Incapacity and Incompatibility policy and procedure in the Schedule of the Code of Good Practice Rules, GN 42 of 2007)
This depends on an employer’s policy and code of conduct. However, the offences listed in the Code of Good Practice that may result in termination of employment are:
Unauthorized absence for more than 5 working days, gross insubordination, gross negligence, gross dishonesty and major breach of trust, gross incompetence, lack of skill that employee claimed to have, causing serious damage or loss to the employer’s property, theft, fraud, abusive behavior, assault, being under the influence of drugs or alcohol, other serious breaches of organizational rules, and/or criminal convictions that impact directly the employment relationship.
If an employee does not appear at the hearing and does not provide reasonable cause, the disciplinary hearing may proceed in their absence. (Rule 13 (6) of the Code of Good Practice G.N. 42 of 2007)
If the employee admits to an offence in writing, the employer may opt not to have the entire disciplinary hearing but instead truncate the process after ascertaining in the hearing that the employee still admits to the offence.
The employer may issue suspension without pay for up to a month, with the employee’s consent. (Item 5 (2) of the Guidelines for Disciplinary, Incapacity and Incompatibility policy and procedure in the Schedule of the Code of Good Practice Rules, GN 42 of 2007)
If the employee admits to an offence in writing, the employer may opt not to have the entire disciplinary hearing but instead truncate the process after ascertaining in the hearing that the employee still admits to the offence.
The employer may issue suspension without pay for up to a month, with the employee’s consent. (Item 5 (2) of the Guidelines for Disciplinary, Incapacity and Incompatibility policy and procedure in the Schedule of the Code of Good Practice Rules, GN 42 of 2007)
1. Am I sufficiently neutral to chair the meeting?
2. Has the employee been given a notice to attend the hearing
3. Does the charge clearly describe the alleged misconduct?
4. Does it describe the circumstances of the alleged offence in sufficient detail? (i.e. so that the employee will be in a position to understand and respond) If no, refer the notice back to the manager concerned for further clarity
5. Is the proposed date, time and venue suitable to all parties concerned, including witnesses?
6. Is an interpreter needed? If so, who will be the interpreter?
7. Has a minute taker been organized? Alternatively organize recording
1. Welcome
2. State your name, role and the purpose of the hearing as well as the language the hearing will be conducted in
3. Introduce everyone present and explain their roles
4. Confirm whether alleged offender that they
• had received a notice to attend the hearing
• understand the alleged misconduct (this is not admitting guilt, but proves they understand the charge)
• have had sufficient time to prepare for the hearing
• were advised they may bring witnesses to support their case note the witnesses names on your checklist
5. Confirm the following rights of the alleged offender:
• The right to representation
• The right to make representations and ask questions
• The right to cross-examine witnesses
• The right to an interpreter, if necessary
6. Ask alleged offender to plea to the charges (guilty/not guilty)
7. Explain to all parties present how the procedure will run and follow it through:
• Company will present their case (by the complainant),
• Company will call their witnesses, one at a time, to make statements,
• Complainant will ask the witnesses questions
• Employee / Representative may ask the Company witnesses questions
• Complainant will be allowed to re-question their witnesses
• Employee will present their case
• Employee will call their witnesses, one at a time, to make statements,
• Employee will ask the witnesses questions,
• Complainant may ask the Employees witnesses questions
• Employee will be allowed to re-question their witnesses
• Closing statement by each party
• Mitigating and or aggravating circumstances to be presented by each party

IF GUILTY
• you don’t have to go through all the evidence. Ask the employee for an explanation and allow for questioning
• If the employee does not want to provide an explanation then ask the complainant to put forward his/her views on the seriousness of the case
• Ask for any aggravating / mitigating factors that you need to be aware of before deciding on appropriate sanction
• Ask the employee if they wish to make a statement/say anything to you before you decide on the appropriate sanction


IF NOT GUILTY
• Follow the rest of the steps to the end of this document to ensure that you follow the correct procedure to hear the cases presented
• Once you have completed this process ensure that all documentation is signed and placed onto the employees personnel file

Obtain the consent of the employee to proceed virtually, make sure the notification to attend the hearing mentions that the hearing will be conducted online.
Ensure the accused employee has a tool (computer) to log in and have an effective hearing.
Ensure the accused employee has sufficient and reliable data in order to avoid inconveniences.
Circulate the attendance sheet during or before the hearing so all participants may append their electronic signature.
Record the meeting and inform everyone that the meeting is being recorded so that they know that they are being recorded;
It is also advised to turn on the camera for identification purposes on who is in attendance, or take a photo of everyone at the beginning of the meeting so as to have evidence of all who attended.
Reduce the record of the meeting to minutes and fill in the hearing form; Circulate this to all concerned to obtain their digital signature.
Follow all the procedures as per the law in regards to holding the disciplinary hearing and ensure the Chairperson together with his Committee follow the requisite procedure.
Evidence that is documentary in nature can be shared on the screen and emailed to the Chairperson for his/her consideration.
Online disciplinary hearings also cause the production of videos or any other electronic evidence to be simpler.
The Chairperson can cause every one to log out or leave the meeting while he or she deliberates the outcome or sanction. Ensure that the employee is the last to leave the meeting so that he or she can see the fairness of the procedure. He or she can also be the first to re-enter the meeting also to show fairness of procedure. In all this, ensure the recording of the meeting is still running.
Circulate the outcome to the employee and complainant so that they may acknowledge receipt.

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Tel: +255 22 2780022
Tel: +255 22 2780023

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info@ate.or.tz