Permits & People

Disciplinary Hearing Tanzania: Fair Steps, Rule 13 and the 30-Day CMA Clock

Cover: disciplinary hearing procedure for employers in Mainland Tanzania and Zanzibar under Rule 13 of GN 42 of 2007 and sections 37 and 40 of Cap. 366
Rule 13 of the Code of Good Practice sets the hearing steps; section 40 of the Act prices a failed procedure. As at 21 October 2026.
Direct answer

What makes a disciplinary hearing fair in Tanzania? On the Mainland, section 37 of the Employment and Labour Relations Act requires a valid reason and a fair procedure, and section 39 puts the burden of proof on the employer. Rule 13 of GN 42 of 2007 sets the steps: investigate, give written allegations, allow at least 48 hours and a representative, hold an impartial hearing, hear mitigation and give reasons.

Zatra's employer guide to the disciplinary hearing Tanzania law expects, from the first report of misconduct to the CMA referral window, with the 2025 compensation bands and the Zanzibar rules.

What the law says about disciplinary hearings

Three Mainland instruments govern discipline. The first is the Employment and Labour Relations Act, Cap. 366 (ELRA). We read the Revised Edition of 2019, hosted by the ILO, which is revised to 30 November 2019. Section 37(1) says no employer shall terminate a contract of employment unfairly.

Section 37(2) makes a termination unfair unless the employer proves three things. The reason is valid. The reason is fair and relates to the employee's conduct, capacity or compatibility, or to the employer's operational requirements. The termination followed a fair procedure. Section 39 repeats the point: in any proceedings about an unfair termination, the employer must prove that it was fair.

The second is the Employment and Labour Relations (Code of Good Practice) Rules, GN 42 of 2007. The ILO NATLEX record dates the Rules to 24 January 2007. Section 37(4) requires employers, arbitrators and the Labour Court to take the Code into account. Rule 12 covers misconduct, Rule 13 the fair procedure, and a Schedule of guidelines adds detail.

The third instrument is the Labour Laws (Amendments) Act No. 4 of 2025, assented to on 4 March 2025 and published on 14 March 2025. It made two changes that matter here. Section 11 added section 37(6): an employer may not start or continue a disciplinary matter once it has been referred to the Commission or the Court. Section 12 replaced section 40(1)(c) with compensation bands that depend on what went wrong.

We cite the 2019 Revised Edition. In the original 2004 print, these sections sit one number higher.

Who should read this

Our guide to probation periods covers employees under six months. Our guide to employee termination covers exits that do not start with misconduct.

When does misconduct justify dismissal?

A fair reason is not enough on its own. The Code asks whether the reason is serious enough to end the relationship. Rule 12 is the misconduct rule. We read it from a copy of the Gazette text, and two independent sources cite the same sub-rule for the list of serious offences.

The academic article by Mwita and Lameck (Batulis Civil Law Review, 2 November 2023) cites Rule 12(3) for the same list. Ardean Law Chambers' 2018 note cites it too. Section 37(3) adds reasons that are never fair, whatever the evidence: union membership or lawful union activity, exercising a statutory right, pregnancy, disability and discrimination.

Which sanction fits which misconduct?

The Code's guidelines describe a ladder. Minor misconduct is met with counselling and an informal or verbal warning. Repeated misconduct moves to written warnings, then a final written warning. A hearing is needed before a final warning or dismissal. Shikana Law Group (Mondaq, 23 February 2022) summarises the same ladder. The table shows how it usually applies.

MisconductTypical first responseIf repeated or aggravatedHearing needed?
Lateness, minor absence, dress codeCounselling or verbal warning, noted on fileWritten warning, then final written warningBefore a final warning or dismissal
Absence without permission for several daysWritten warning after hearing the explanationFinal written warning or dismissalYes
Negligence causing lossWritten warning; gross negligence may justify dismissalDismissalYes
Theft, fraud, falsified claimsGross dishonesty: dismissal may be justified on a first offenceNot applicableYes, always
Assault, wilful damage or safety breachDismissal may be justified on a first offenceNot applicableYes, always

Keep each warning in writing, with the date and the rule broken. We could not confirm a warning validity period in the Schedule, so set one in your own code and apply it consistently. Our guide to employment contracts and workplace policies covers the disciplinary code itself.

Can you suspend an employee pending investigation?

Yes, but the Act has no section on it. On the Mainland, suspension pending investigation is a matter of the Code's guidelines, the contract and good practice. Lawfic Attorneys (28 December 2021) quote the Code as allowing suspension "on full remuneration" where an employee faces a criminal charge, pending the court's final decision and any appeal.

The safe practice is the same for ordinary investigations:

Zanzibar is different. Section 55 of its Employment Act allows suspension on half pay during an inquiry, for no longer than three months or the inquiry, whichever is shorter. That is covered below.

How should the investigation and notice of hearing work?

Rule 13 opens with the investigation. Rule 13(1) requires the employer to investigate whether there are grounds for a hearing. Its job is to collect statements, documents, CCTV and the employee's first explanation, and decide whether there is a case to answer.

If there is, Rule 13(2) requires the employer to notify the employee of the allegations, in a form and language the employee can reasonably understand. In practice that means a written charge sheet in English or Kiswahili, as the employee prefers. Each allegation names the rule broken, the date and the facts relied on.

Rule 13(3) gives the employee a reasonable time to prepare and the right to be assisted by a trade union representative or a fellow employee. A reasonable time depends on the complexity of the case, but it should not normally be less than 48 hours. Shikana Law Group report that the courts expect the employer to share the investigation report with the notice, citing Higher Education Students' Loans Board v Yusufu M. Kisare.

A sound notice states the allegations, the date, time and place, the right to a representative and to call witnesses, the evidence relied on, and the possible outcome, including dismissal where the charge is serious.

What happens at the disciplinary hearing?

Rule 13(4) requires the hearing to be held and finalised within a reasonable time. It must be chaired by a sufficiently senior management representative who was not involved in the events. The investigator, the complainant and the employee's line manager should not chair.

Rule 13(5) requires the evidence against the employee to be presented at the hearing. The employee must have a proper opportunity to respond, to question the employer's witnesses and to call witnesses. A decision based on material never put to the employee is the most common procedural fault arbitrators find.

Rule 13(6) lets the employer proceed in the employee's absence if the employee unreasonably refuses to attend. Record the refusal. Certified sickness calls for a new date.

Rule 13(7) gives an employee found guilty the chance to put forward mitigating factors, such as service and record, before the sanction is decided.

Rule 13(9) entitles a trade union official to represent a union representative or an employee who is an office bearer of a registered union. Lawyers are not part of the internal hearing under Rule 13. Their role starts if the matter reaches the CMA.

Keep a hearing record: attendance, allegations, evidence, questions, answers, mitigation, finding and sanction. Shikana Law Group describe a prescribed hearing form that the chair signs and copies to the employee. At the CMA, that record is the employer's best evidence that Rule 13 was followed.

Who decides, and can the employee appeal?

The chair decides on the evidence presented at the hearing. Rule 13(8) requires the employer to communicate the decision and preferably to give written notice of it with brief reasons. Shikana Law Group report that the guidelines expect the outcome within five days of the hearing.

Where the sanction is dismissal, Rule 13(10) requires the employer to give the reason and remind the employee of any right to refer a dispute about fairness under a collective agreement or to the Commission for Mediation and Arbitration. Put that reminder in the termination letter, with the 30-day limit.

The Code's guidelines provide an internal appeal. According to Shikana Law Group and the Mwita and Lameck article, the employee may appeal within five working days, and a more senior manager who did not chair the hearing decides it. The appeal reviews the grounds raised; it is not a second full hearing. Offer it in the decision letter even where your policy is silent.

Rule 13(11) allows the employer to dispense with the guidelines only in exceptional circumstances. Do not rely on it without advice.

What if the employee also faces a criminal charge?

Section 37(5) of the Act says no disciplinary action in the form of a penalty, termination or dismissal shall lie against an employee charged with a criminal offence that is substantially the same, until the court's final decision and any appeal.

If no charge has been filed, the employer may run its own hearing. Rule 9(3) of the Code lets it prove its reason on a balance of probabilities. If a charge has been filed on the same facts, suspend on full pay and wait, as Lawfic Attorneys explain.

Section 37(6), added in 2025, adds a second bar. Once the employee has referred the matter to the CMA or the Labour Court, the employer may not start or continue a disciplinary matter on it. Clyde & Co (30 April 2025) read the change the same way. Finish the internal process before the dispute begins.

How does the CMA deal with a challenge?

An employee who disputes the dismissal refers it to the Commission for Mediation and Arbitration on Form CMA F.1. The CMA's own FAQ page sets the limits: within 30 days of the termination, and within 60 days of the dispute arising for other disputes. The limits reflect Rule 10 of the Labour Institutions (Mediation and Arbitration) Rules, GN 64 of 2007, which we did not read directly this session. A late referral needs an application for condonation on Form CMA F.2 with an affidavit. The register shows no CMA filing fee (F0452).

FB Attorneys (8 December 2020) report the Court of Appeal's ruling on how to count the 30 days. The first day is excluded and the last day included. Weekends and public holidays are not excluded, except where the last day falls on one.

Mediation comes first. If it fails, section 86(7)(b), as amended in 2025, requires referral to arbitration within 30 days. Section 40 then sets the remedies.

FindingRemedy under section 40 as amended in 2025
Any unfair terminationReinstatement without loss of remuneration, or re-engagement on terms the arbitrator sets (s.40(1)(a), (b))
Unfair procedure onlyCompensation of 6 to 12 months' remuneration (s.40(1)(c)(i))
Unfair reasonCompensation of 12 to 18 months' remuneration (s.40(1)(c)(ii))
Unfair reason and unfair procedureCompensation of 12 to 20 months' remuneration (s.40(1)(c)(iii))
Discrimination or harassmentCompensation of 12 to 24 months' remuneration (s.40(1)(c)(iv))
Employer refuses an order to reinstate or re-engage12 months' wages plus wages due and other benefits to the date of final payment (s.40(3))

Before 2025, the 2019 text set a single floor of 12 months' remuneration for any unfair termination. Section 40(2) adds that compensation is on top of any other amount due under law or agreement. Our guide to labour disputes at the CMA explains mediation and arbitration in more detail.

Worked example: the cost of skipping the hearing

A Dar es Salaam distribution company employs Baraka as a stores supervisor. He has five years' service and earns TZS 2,000,000 a month in total remuneration. The company uses a 30-day month, so his daily rate is TZS 66,666.67. Stock worth TZS 3,000,000 goes missing, and CCTV shows Baraka near the store after hours.

Step 1: the dismissal. The operations director dismisses Baraka on the spot for theft, with a letter the same day. There is no investigation report, no written allegation, no 48-hour notice and no hearing. Baraka files Form CMA F.1 on day 20, inside the 30-day limit.

Step 2: the arbitrator's view. Suppose the arbitrator accepts that the CCTV gave a valid reason, but finds the procedure unfair because Rule 13 was ignored. Section 40(1)(c)(i) sets compensation of 6 to 12 months' remuneration.

LineBasisTZS
Compensation, unfair procedure, low end6 x 2,000,000; s.40(1)(c)(i)12,000,000
Compensation, unfair procedure, high end12 x 2,000,000; s.40(1)(c)(i)24,000,000
Notice pay in lieu, 28 days28 days at the daily rate; s.41(1)(b), s.44(1)(d)1,866,667
Severance, 7 days for each of 5 years35 days at the daily rate; s.42(1), our reading of s.42(3)(a)2,333,333
Exposure rangeCompensation plus notice and severance16,200,000 to 28,200,000

Severance is shown because section 42(3)(a) removes it only for a fair termination on grounds of misconduct. Whether an arbitrator adds it depends on the award. Pay accrued leave under section 44(1) in any case.

Step 3: if the reason fails too. If the CCTV does not prove theft on a balance of probabilities, the termination is unfair in reason and procedure. Section 40(1)(c)(iii) then sets 12 to 20 months: TZS 24,000,000 to 40,000,000 before notice and severance.

Step 4: the alternative. An investigation, a written charge, a hearing after 48 hours and a reasoned decision cost a few days of a manager's time. If the evidence holds, the dismissal is fair and no severance is due.

How does Zanzibar handle discipline?

Labour is not a Union matter, so Cap. 366, GN 42 of 2007 and the CMA do not apply in Unguja and Pemba. We read the Employment Act No. 11 of 2005 in the Zanzibar Government Gazette Legal Supplement of 7 October 2005. We read the Labour Relations Act No. 1 of 2005 in a copy hosted by RODRA, assented to on 5 March 2005. The ILO NATLEX record confirms the Employment Act's adoption on 27 September 2005.

PointMainlandZanzibar
Main lawsELRA Cap. 366; GN 42 of 2007; GN 64 of 2007Employment Act No. 11 of 2005; Labour Relations Act No. 1 of 2005
Fair reasonsConduct, capacity, compatibility, operational requirements (s.37(2)(b))Misconduct, incapacity and operational requirements (Employment Act s.3 definitions)
Fair procedureRule 13: investigation, notice, 48 hours, representative, impartial chair, mitigation, reasonsDefined as a pre-dismissal procedure on conduct, incapacity and operational requirement (s.3); detailed steps not confirmed this session
SuspensionNot in the Act; full pay is the safe practiceHalf pay during an inquiry, up to three months or the inquiry, whichever is shorter (s.55(1), (2))
After the inquiryHearing outcome under Rule 13(8)Dismissal if the offence is proved; otherwise reinstatement with the withheld pay, or termination with terminal benefits (s.55(3), (4))
Summary terminationNo summary dismissal without a fair procedureAllowed under s.111, which s.54(1)(a) cross-refers to; s.111 not read this session
First forumCMA, Form CMA F.1Labour officer mediation within 21 days (Employment Act s.21(2)); disputes filed first with the Unit under the Labour Relations Act (ss.72, 73)
Referral time limit30 days from terminationNot confirmed this session
Next stageArbitration, then Labour Court revisionMediation within 30 working days (LRA s.74(2)); then arbitration or the Court (s.75)

Under section 55(4), if the offence is not proved, the employee is reinstated and paid the amount withheld. Our Zanzibar work permit guide covers the islands' separate permit route.

What to do now

  1. Write the code. Adopt a disciplinary code listing offences, warnings and the appeal route, and issue it to every employee.
  2. Investigate first. Appoint an investigator who will not chair, and collect the evidence within days.
  3. Decide on suspension. Suspend on full pay on the Mainland only where evidence or safety is at risk, in writing, for a short stated period.
  4. Serve the charge. Give written allegations in a language the employee understands, with the evidence, at least 48 hours before the hearing.
  5. Run the hearing. Use an uninvolved senior chair, allow a representative, test the evidence, hear mitigation and keep a signed record.
  6. Give reasons. Issue the decision in writing within days, with the reason, the sanction and the appeal route.
  7. Close the exit properly. On dismissal, remind the employee of the 30-day CMA right, pay terminal dues and issue the certificate of service.
  8. Check for a criminal charge. If the employee is charged on the same facts, stop the disciplinary process under section 37(5) and take advice.
  9. Run Zanzibar separately. Apply section 55 of the 2005 Employment Act and the islands' dispute route.
  10. Bring in an advocate. Instruct an advocate as soon as a CMA referral, a police case or a demand letter arrives.

Key dates and deadlines

The timeline below follows a Mainland case from the incident to the CMA. Day counts marked "practice" are Zatra's recommendation, not a statutory figure.

StageTimingBasis
Incident reportedDay 0Start the file
Suspension on full pay, if neededDay 0 to 1Practice; Code guidelines
Investigation and reportDays 1 to 7Rule 13(1); practice
Notice of hearing servedAt least 48 hours before the hearingRule 13(2), (3)
Hearing held and finalisedWithin a reasonable timeRule 13(4) to (7)
Decision with reasonsWithin about 5 days of the hearingRule 13(8); guidelines as reported
Internal appealWithin 5 working days of the decisionGuidelines as reported
Referral to the CMAWithin 30 days of terminationGN 64 of 2007 r.10; CMA FAQ
Referral to arbitrationWithin 30 days of failed mediationELRA s.86(7)(b) as amended 2025
Condonation for a late referralAny time after the limit, on Form CMA F.2CMA FAQ

How Zatra helps

Zatra's HR consulting team drafts disciplinary codes, charge sheets, hearing notices, record forms and decision letters, and reviews the file before a sanction issues. Our payroll compliance service computes terminal dues and keeps PAYE, NSSF, SDL and WCF running during a suspension. Exits for operational reasons follow our redundancy procedure guide instead.

Government charges follow the two-bucket rule. There is no published CMA filing fee (F0452). An affidavit for a condonation application costs TZS 10,000 at a commissioner for oaths (F0153), plus TZS 2,000 stamp duty (F0267). Payroll charges are paid at the official rate on the authority's GePG control number. All of these are separate from Zatra's professional fee and never marked up. The official figures are in our government fees handbook.

The CMA, the Labour Court and the Zanzibar labour bodies decide disputes. Zatra prepares and organises the employer's file; it does not decide or guarantee any authority's outcome. Representation at the CMA or the Labour Court, advice where a police case is running, and formal legal opinions go to an advocate on our team.

Sources and status

Accurate as at 21 October 2026. All sources below were accessed on 21 October 2026. Mainland rules are from Cap. 366 R.E. 2019 as amended by Act No. 4 of 2025, GN 42 of 2007 and the CMA's published limits. Fees are from the Zatra fee register at 26 September 2026.

Figures to confirm before you act

This article is general information based on official sources available at the date of publication. It is not legal, tax or financial advice. Laws and notices change. Verify with the issuing authority or consult Zatra before acting.

Frequently asked questions

Can an employee bring a lawyer to an internal disciplinary hearing?

Rule 13(3) gives the right to be assisted by a fellow employee or a trade union representative, and Rule 13(9) covers union officials. It does not give a right to an external lawyer. An employer may allow one by policy, but should then allow its own adviser on equal terms.

Can the same manager investigate and chair the hearing?

No. Rule 13(4) requires a chair who was not involved in the circumstances giving rise to the case. An investigator who gathered the evidence is involved. Small employers without a second senior manager can bring in an independent chair, such as an HR consultant, to keep the hearing impartial.

Does a resignation during the process end the disciplinary case?

Usually yes, once the notice period ends, because there is no longer an employment relationship to discipline. Record the resignation, pay terminal dues and keep the investigation file. If the employee later claims constructive termination under section 36, the file will show why the process started.

Can a hearing be held online?

The Rules do not forbid it. A video hearing can meet Rule 13 if the employee received the allegations and evidence in advance, can see and question witnesses, and can bring a representative. Record the session with consent and add the recording to the hearing file.

Is a written warning open to challenge at the CMA?

A warning on its own is not a termination, so it does not start the 30-day termination clock. An employee may still refer a dispute about it within the 60-day limit the CMA applies to other disputes. A fair warning record also matters later, because Rule 12(4) weighs the employee's disciplinary record.

Does a disciplinary dismissal affect a foreign employee's work permit?

Yes. A work permit is tied to the employer and the job, so it does not survive the employment. The permit must be surrendered within 14 days before departure, and failure carries a fine of at least TZS 10,000,000 (F0424). Plan the exit filings alongside the disciplinary file.

What language should the hearing be held in?

Rule 13(2) requires allegations in a form and language the employee can reasonably understand. Kiswahili is the safe default for most staff. If the chair and employee do not share a language, use an interpreter and record that in the minutes, so the employee cannot later say the case was not understood.

Sources & regulators

Verify before filing: Rates, forms and thresholds move by Finance Act, Government Notice and portal revision. Confirm the live schedule on the mandate-holder portal before you budget or submit. Law-firm alerts and Big Four notes are discovery only.

Brief the desk

This Insights page is orientation. HR consulting is the commercial desk for the same facts. Zatra’s fee stays on its own line, separate from government, bank and regulator charges. Approvals are not guaranteed.

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Disclaimer

This article is informational orientation. It is not legal, tax or investment advice and not a government decision. Tanzanian instruments move by Act, Government Notice, Finance Act and portal revision. If a sentence here disagrees with the live mandate-holder, the mandate-holder wins. Zatra Consultants Limited does not issue licences, permits, tax clearances or approvals, and gives no assurance of any regulatory or banking outcome. Professional fees are published only on /pricing/.

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