From FAUSTINE KAPAMA-Judiciary, Arusha
The Chief Executive Officer
(CEO) of the Tanzania Employers' Association (ATE), Ms. Suzanne Ndomba-Doran has asked East African
countries to look into the possibility of harmonizing laws related to
employment issues in order to have a common understanding in the resolution of
labuor disputes within the region.
Ms. Ndomba-Doran made such
a call today dated December 4, 2024 when presenting a topic on the Harmonization
of Labour Laws and Courts Jurisprudence in East Africa to Improve Dispute
Resolution on the fourth day of the 21st East African
Magistrates’ and Judges’ Association (EAMJA) Conference and Annual General Meeting
being held in the city here.
"If all the countries
are discussing the East African Union issue and a few other areas that are
already being discussed, I think even this is possible. How it will be done is
a matter of further discussion on how to do. We may not agree in all areas
because these countries are different, but there are also areas where we can
agree," she said.
The Director noted that
if looking at the existing labour laws, one could see that there are areas
where there is no big difference, for example, the aspects related to maternity
leave and that is due to those countries ratifying certain agreements of the
International Labuor Organization.
"This exercise of
harmonizing labour laws is beneficial. If we are talking about harmonization and
if people go from one place to another, for example the issue of transfer of terminal
benefits, each country has its own procedure for paying them. The laws of
Tanzania allow a foreign citizen, after completing his term, to receive them,”
she said.
"But maybe we can
have agreements that allow that his terminal benefits can be accessed from his
country, but the laws of all countries must look at how those benefits can be
read to ensure that the entire future of the pension can be a reality,"
the Director said.
She pointed out that the
EAC Treaty’s Article 10 requires partner states to allow citizens of other
partner states to work freely within their territories, including the right to
apply for jobs, accept job offers and conclude contracts.
“This is, therefore, the
right time to have a closer look at employment contracts, employment standards
and others amongst the partner states,” the director said.
According to her, harmonization
would ideally be in key areas such as employment contracts: work hours,
employment standards, wages and benefits; social security; non-citizen rights;
termination procedures and reason and labour rights and freedom of association,
collective bargaining and anti-discrimination.
She explained that Judges
have already started considering the laws of other countries and have used them
in deciding judicial matters. She gave an example of several cases that have been
determined by the Court of Appeal in Tanzania, including of CCBRT Hospital vs
Daniel Celestine Kivumbi and that of Standard Chartered Bank Ltd vs Justin
Teneishemo, among others.
Likewise, Ms.
Ndomba-Doran quoted the Senior Resident Magistrate from Kenya, Hon. Dr. Priscah
Wamucii Nyotah, who spoke about the child's working limit age. "Is it
difficult to harmonize this? Because harmonizing may not be about having one
law, but agreeing on the provisions related to those issues," she said.
Before concluding her
presentation, she explained to the participants how the performance of the Commission
for Mediation and Arbitration (CMA) is helpful and also the tripartite forum
held by the High Court’s Labour Division to invite employers and employees
together to discuss various issues, challenges and look at areas for further
improvement.
After the presentation of
the topic, the Judge of the High Court of Kenya, Hon. Jemimah Keli led the
discussion contributed by the Judge of the High Court of Uganda, Hon. Linda
Lilian Tumusiime Mugisha and the Senior Resident Magistrate from the Court of
Kenya, Hon. Dr. Priscah Wamucii Nyotah before allowing the participants of the
Conference to ask questions.
The meeting is attended
by more than 380 participants from Kenya, Uganda, Rwanda, Zanzibar, Burundi and
South Sudan and various topics are expected to be discussed with the aim of
improving the delivery of justice in countries within the region.
The theme of the meeting says; “Strengthening Justice Delivery System for Regional Integration and Economic Growth.”
The Chief Executive Officer (CEO) of the Tanzania Employers' Association, Ms. Suzanne Ndomba-Doran presenting a topic at the 21st East African Magistrates’ and Judges’ Association Conference and Annual General Meeting in Arusha.
A section of delegations to the meeting (above and below) listening to the presentation.
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