What is arbitration?

A process in which a disagreement between two or more parties is resolved by

impartial individuals, called arbitrators, in order to avoid costly and lengthy
litigation.
2. What is arbitrator?
A private, neutral, person chosen to arbitrate a disagreement, as opposed to a court
of law. An arbitrator could be used to settle any non-criminal dispute, and many
business contracts make provisions for an arbitrator in the event of a disagreement.
3. What are the duties of the arbitrators?
An arbitrator could be used to settle any non-criminal dispute, and many business
contracts make provisions for an arbitrator in the event of a disagreement.
4. Discuss the golden rule?
Judges can construe a statute in such a way as to produce a reasonable result,
The construed rule to avoid absurdity.
5. Three types of cases where golden rule is applicable
 The sensible meaning and absurd meaning both are linguistically possible.
 The golden rule does not contradict the literal rule.
 Judges are correcting a statute. Very strong reasons to include the court to
meddle with a statute.
6. By the aid of diagram show the frame work for the employment law.
7. What do we mean by common law? Site two example of common law
It is unwritten law that originates from acceptable custom and practice.
For example: employment contracts and law of torts.
8. Give four conditions necessary to make an agreement to be considered as the
contracts
 Intention to have legal consequences
 Made between at least two people
 Made between suitable people who have complete freedom and maturity
 Entered into freely
 Clearly stated
 Could be implemented immediately
 Parties must be of one mind, i.e., no any kind of misunderstanding
9. In the employment contract several visible features have been considered,
explain the benefit (employer/employeee) of two such features namely.
i). written conditions of employment
ii). Collective agreement between employer and employee
10. Types of disputes and their validity.
Collective disputes
They involve issues that concern the majority of workers. They are taken up by the
trade union leaders on behalf of the workers.
Conditions for collective disputes
 The dispute must be between the workers and their own employer.
 The dispute must concern issues on the terms and conditions of employment
Individual disputes
11. Name four good disciplinary procedures;
 Oral warning
 First written warning
 Second written warning
 Suspension of employee with payment
 Dismissal
12. Define copyright
Means the sole legal right to print, publish, perform film or record a literally or
artistic or musical work.
13. Explain the importance of copyright
14. when a parliament passes an act why is it cautioned that the word of the act
cannot be overruled by any other entity?
The words of an Act are authoritative because: They are passed though the law
making procedures.
15. what is the context rule?
The meaning of law phrase may be contained in:
 Its context as suggested by common sense.
 The definition section which assigns special meaning to some of the statute
terms.
16. What is law?
Is a rule of human conduct enforceable in the courts. It spells what can be done
and what should not be done.
17. Contract of service and contract for service.
Contract of service
An agreement between employee made with the employer to have a continuous
service relationship for a specified time.
The employee gets legal rights for example not to be unfairly dismissed.
Contract for service
It is an agreement made between an independent contractors to perform some
specified job. Once this job is done successfully to completion, the contract is over.
18. Three test to determine whether a contract of employment exist or not. Mention
them with clear explanation.
Control test: If a person is told what to do and how, where and when to do, then
it is employment contract
Organization test: If the individual is very much integrated in the organization,
then there is contract of employment.
Multiple test: The factors of control, organization and circumstances are
considered together. Salary payment, responsibility for insurance, tax payment.
Otherwise it is a contract for service.
19. Three important aim that are included in the employment and labor relation act
of 2003.
 To make provisions for core labor rights
 To establish employment Standards
 To provide a framework for collective bargaining
 To provide for the prevention and settlement of disputes
19. what is statute law?
It is written law formed through Acts of Parliament. Example.
 Employment and Labor Relations Act, 2004,
 The Occupational Health and Safety Act, 2003.
20. what do you understand by law of torts.

It involves legal obligations which a person or group of people have to do to

others. Tort law deals with situations where a person's behavior has unfairly caused
someone else to suffer loss or harm.
21. Employer obligation
  Pay wages or salaries,
 Provide work to the employee,
 Take sensible care of the employee,
 Indemnify (cover) the employee for liabilities and expenses incurred in due
course of employment.
 Treat the employee with courtesy.
22. Employee obligation
 Be physically present personally at the work place and serve,
 Be sensibly careful in performing duties,
 Obey reasonable instructions from the employer, and
 Act in good faith towards the employer.
23. formal communication between employee and employer
Formal communication between employer and employees is a two-way process
and it is very important because;
 It reduces misunderstandings which may come from day-to-day activities
 It enhances trust between employers and employees
24. what is patent.
A patent is a set of exclusive rights granted by a state or national government to an
inventor or his/her assignee for a limited period of time in exchange for a public
disclosure of an invention.
25. what is standard
It can be defined as a document established by consensus and approved by a
recognized body, that provides, for common and repeated use, rules, guidelines or
characteristics for activities or their results, aimed at the achievement of the
optimum degree of order in a given context.
Why do we need standard
 Global trade – Quality requirements
 Interchangeability – Important for mass/large production of parts
 Used as a means for Communication
 Safety
  Consumer interest
26. Safety and health committee, who are composed on the committee and what
are their function.
The composition is from;
 The employer,
 Trade unions and
 A local authority representative
The main duties of a health ad safety commission are as follows:
 To secure the health, safety and welfare of all workers at the work place.
 To protect all other non-employees who come to the work place from health
and safety hazards.
 To keep and control the use of explosives, flammables and all other
dangerous substances.
 To control the emission into the atmosphere all noxious or offensive
substances.
27. Distinction bnt common law and statute law
Statute law
It is written law formed through Acts of Parliament.
For example., employment and Labour Relations Act, 2004 and
The Occupational Health and Safety Act, 2003.
Common Law
It is unwritten law that originates from acceptable custom and practice. For
example, employment contracts, law of torts.

28. Functions of trade unions

 To make provisions for core labor rights
 To establish employment Standards
 To provide a framework for collective bargaining
 To provide for the prevention and settlement of disputes
29. Difference btn substantive and procedural agreement

Substative
The formal written agreements which contain the terms of employment such
as Wages, bonus/incentives, working hour changes, holiday entitlement, sick
payment arrangements, pension arrangements, staffing levels, productivity
improvements, etc.

Procedural
The formal, written procedures which act as voluntary code of conduct for
both managers and trade union representatives.These include, recognition of
trade unions, trade union regulations, representation, defining the subjects
for substantive bargaining, developing procedures to handle industrial
disputes, developing procedures to handle grievances, defining rules to
declare redundancies, arrangements to collect trade union subscriptions, etc.

30. Within a work place, who initiate the disciplinary matters?

Management initiates the disciplinary matters
31. Behavioral groups which follows under disciplinary actions are :-
 Poor performance
 Misconduct
 Gross misconduct
32. Main types of protected rights under IP
 Economic Rights
 Moral Rights

33. Functions of TBS

 Formulation and promulgation of Tanzania standards in all sectors of the
country's economy
To implement the promulgated standards through a third party Standards
Mark Certification Scheme.
To improve the quality of industrial products both for export and local
consumption through various certification schemes like
To promote standardization and quality assurance services in industry and
commerce through training of personnel in:
 company standardization,
 quality assurance,
 quality improvement
 and laboratory techniques
To undertake the testing of product samples drawn by TBS inspectors in the
course of
 implementing standards (certification samples)
 or as requested by manufacturers (type-testing samples).
To undertake calibration of industrial and commercial measuring equipment
and instruments in the areas of mass, length, volume, energy, temperature
etc.

34. Functions of NEMC

I. The functions of the Council shall be to advise the Government on all
matters relating to the environment, and in particular the Council
shall-
II. Formulate policy on environmental management and recommend its
implementation by the Government
III. Co-ordinate the activities of all bodies concerned with environmental
matters and serve as a channel of communication between these
bodies and the Government
 IV. Formulate policies and programmes which will achieve more effective
management and enhancement of environmental quality;
V. Recommend measures to ensure that Government policies, including
those for the development and conservation of natural resources, take
adequate account of environmental effects; Foster co-operation
between the Government, local authorities and other bodies engaged
in environmental programmes;
VI. Stimulate public and private participation in programmes and
activities for the national beneficial use of natural resources;
VII. Seek advancement of scientific knowledge of changes in the
environment and encourage the development of technology to prevent
or minimize adverse effects that endanger man’s health and well-
being;
VIII. Specify standards, norms and criteria for the protection of beneficial
uses and the maintenance of the quality of the environment;
IX. Establish and operate a system of documentation and dissemination of
information relating to the environment;
X. Undertake or promote general environmental educational programme
for the purposes of creating an enlightened public opinion regarding
the, environment and the role of the public in its protection and
improvement;

XI. Perform such other functions as the Minister may assign to the
Council, or as are incidental or conducive to the exercise by the
Council of all or any of the preceding functions.
35. Safety committee functions in the industry

I. To study the trends of accidents with the intention of recommending

corrective actions.
II. To examine safety reports and give recommendations on how to
prevent accidents.
III. To examine and discuss reports from factory inspectors.
IV. To propose new or revised safety procedures.
 V. To make link between the organization and the factory inspectors.
VI. To monitor and evaluate the organization’s safety policies and
practice and to recommend any changes.

36. Composition of safety committee in the industry

I. The composition of the safety and health committee should be agreed
between the employer and the workers union representatives on
consultative basis.
II. At least the management part should include a line manager and a
health specialist.
III. The employee’s part should at least include some of the safety
representatives.
IV. The committee must hold regular meetings to cope with the demands
whereby the formal meeting procedure of having an agenda, minutes
being taken and action proposals be deliberated

37. Basic meaning of law of contract

It is especially related to business people made by private agreements. A
contract is an agreement, but not every agreement is a contract.

38. Visible features of the employment contract

 Letter of employment,
 Job description,
 Written conditions of employment,
 Organization’s rule book,
 Collective agreements between employer and employee,
 Subsequent confirmation and promotion.
39. What is a trademark
 A trademark is a distinctive sign or indicator used by an individual, business
organization, or other legal entity to identify that the products or services to
consumers with which the trademark appears originate from a unique source,
and to distinguish its products or services from those of other entities.

40. Safety committee representative functions

I. To investigate potential safety and health hazards, their occurrence
and examine their causes and consequences.
II. To investigate employee safety and health complaints.
III. To represent to the employer about all matters concerning health and
safety.
IV. To conduct inspection at the work place if required on safety and
health provisions.
V. To represent the employees at the work place to health and safety
inspectors (factory inspectors).
VI. To receive information from factory inspectors
VII. To attend meetings in the organisation’s safety committee.
VIII. The employer is obliged to form and operate a safety committee
IX. To promote the cooperation between employer and employees in
ensuring the health and safety of all workers at the work place by:
 instigating,
 developing and
 carrying out measures
41. Branches of safety and health executives:-
I. Factory Inspectorate.
II. Explosive Inspectorate.
III. Mines and Quarries Inspectorate.
IV. Nuclear Installation Inspectorate.
V. Alkali and Clean Air Inspectorate.
VI. Agriculture Health and Safety Inspectors.
VII. Employment Medical Advisory Service.
42. Functions of safety and health executives:-
I. To inspect at reasonable frequencies all factory premises within
their jurisdiction.
II. To collect evidence concerning health and safety at work.
III. To examine records, registers and any document related to safety
and health at work.
IV. To Issue enforcement notices such as improvement notices,
prohibition notices, and prosecution in the courts of law.
43. What is fringe meaning?
When interpreting statutes,
Courts of law tend to discover the intention of the legislature. If a court finds it
hard to do so, it finds out a meaning which the legislature would have given in the
light of this situation. This is ‘fringe’ meaning.
44. Features of industrial law
45. Why should there be a disciplinary policy and procedures for work place
behavior?
 Every relationship can experience a disagreement.
 Therefore there should be a systematic procedure to resolve such disputes
46. Discuss the emancipation of women in work place
The aim is to encourage women to hold key leadership and managerial
positions which were in the past dominated by men, in all walks of life.