User talk:Jonas John Rwegoshora

DISPUTE PREVENTION AND DISPUTE RESOLUTION AT WORK PLACES IN TANZANIA. 1.1 Introduction/concepts

•	Disputes can be understood as the tangible expressions of conflicts.’ Salem 1991 •	“Conflict means perceived divergence of interest, or a belief that the parties’ current aspirations can not be achieved simultaneously”. Pruitt and Rubin 1986.

A dispute is an expression of conflict at a point in time. Unlike conflict, which is an expression of difference between people, exists all the time and does not have a defined beginning or end, a dispute usually has a defined beginning and end. It is an expression or manifestation of conflict at a point in time.

For example, there may always be conflict between management and Trade union over decisions at workplace as union seeks to expand the range of decisions over which they have an influence. However, hen an individual decision to terminate an employee is contested by the union, a dispute exists.

Some characteristics of disputes are therefore; •	Disputes are conflicts that are actually expressed •	Disputes can be prevented or resolved

1.2	Types of Labor Disputes.

Labor disputes are an inherent part of any labor relations system. For this reason labor legislation generally provides institution, mechanisms and processes of the settlement of labor disputes.

Historically labour disputes were divided into two categories. i.		Individual dispute (e.g. the dismissal of one employee) and ii. Collective disputes (e.g. a wage dispute between a trade union and an employer)

Although this distinction remains valid, more recently, the Employment and Labor Relation Act, 2004 makes a basic distinction between disputes at work place.

According to Employment and Labor Relation Act 2004, the following are types of disputes at work place; i.		Disputes of right (complaint) ii. Disputes of interest

(i) Disputes of Right

These are disagreements between the employer and employee which involve the interpretation or application of existing rights. Is a dispute arising from the breach or contravention of law, contract of employment or collective agreement.

A complaint is a dispute concerning existing rights. It is a labor dispute that Employment and Labor Relation Act requires to be referred to arbitration and adjudication for resolution. Generally speaking; this rights are usually found in legislation.

(ii) Dispute of Interest

These are disputes about conditions that the parties are able to negotiate about. These are disputes about what the parties’ desire, not what they are entitled to.

A dispute of interest is a dispute over a desire or an aspiration. Dispute of right on the other hand, is a dispute over a right which already exists either in a law or an agreement. For example, a dispute over an employer’s failure to pay an agreed wage is a dispute of right because the employee is entitled to the wage in term of a collective bargaining agreement or a contract of employment.

A dispute of interest is a dispute over the wage which the employee would like to receive but has not managed to agree with the employer. Once agreement is reached, any disputes about the employers failure to pay the agreed wage, will be disputes of right.