Q&A – 23 June 2014
Leave during world cup
My team is playing in the world cup and although I have exhausted my leave for the year, I requested my employer to allow me 4 weeks extra this year. Afterall this is an event that I will not see again. My employer has disallowed me to go and my tickets will now be a waste. Can I sue my employer for this unfair treatment accorded to me? Can I complain to the Minister about this? How can I make my bosses life miserable?
RE, Dar
We read your question a couple times over to ensure we had not missed anything material. And even after reading it over and over again, our answers are not going to please you.
First, we don’t understand why this is the last world cup you are going to watch. You have not disclosed that to us and you are surely aware that the world cup is played every four years. Secondly, if you have exhausted your leave for the year, you cannot forcefully get unpaid leave without permission of your employer, who can deny it. In short such leaves are discretionary. Third, the world cup is no good reason for your employer to agree for you to go. Fourth, unless your employer had said you proceed purchase the tickets, suing your employer on grounds that your tickets will be a waste is very unlikely going to succeed.
Writing to the Minister is possible but there is very little the Minister can do. The Minister doesn’t run the business but your boss does. If you attempt making your bosses life miserable, the boss can take you to task so don’t make any hasty moves as the world cup is soon going to end, and you will have to continue living with your boss.
Without sounding like social advisors, we recommend that sensibility should prevail over any short term irrational exuberances.
Dissatisfied with benefits from NSSF
I have been a member of NSSF for many years now and am not happy with the benefits that I am soon going to be entitled to. I would have earned more had I saved that amount in a fixed deposit in a bank or with the Bank of Tanzania in treasury bills. No one seems to be questioning these benefits from NSSF. Everyone just looks at the amounts they have saved, but don’t realize that it is not NSSF that has saved the money for them but rather the employee and employer. What can I do to challenge this?
WE, Mwanza
NSSF is known to be one of the star performers amongst the pension funds in Tanzania and we are quite surprised at this. However we have not seen any quantitative analysis from you to be able to comment further on whether or not the benefits are adequate.
Section 81 of the NSSF Act provides the following (1) All claims to benefit shall be determined in the first instance by the Director General. (2) Where entitlement is dependent on a medical question reference shall be made to a medical board, for determination. (3) Where the Director General or an insured person is dissatisfied with the decision made by the medical board, he may refer the decision to the Tribunal established by section 84. (4) All decisions on claims to benefit shall be notified to the claimant in writing.
Section 83 further states that under the NSSF Act there is established a Social Security Appeals Tribunal which shall have jurisdiction to adjudicate appeals against decisions of the Director General on claims for benefits under section 81.
From the sections above, we recommend that you write to the Director General on your concerns, and if you are dissatisfied with his decision, proceed to appeal to the Tribunal. You can indeed challenge the benefits that you receive.
Conflict of interest on TRA board
I have noted that there are members in the TRA board who are
conflicted in procurement issues amongst others. Is there no law that stops them from being part of decision making pertaining to such procurement?
YU, Dar
Schedule 2 paragraph 4 of the Tanzania Revenue Authority Act answers your question and states: 4(1) A member of the Board who has a direct or indirect personal interest in a matter being considered or about to be considered by the Board shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest to the Board. (2) A disclosure of interest under subparagraph (1) shall be recorded in the minutes of the meeting of the Board and the member making such disclosure shall not, unless the Board otherwise determines in respect of that matter- (a) be present during any deliberation on the matter by the Board; (b) take part in the decision of the Board. (3) For the purpose of the making of a decision by the Board under subparagraph (2) in relation to a member who has made a disclosure under subparagraph (1), the member who has made such disclosure shall not- (a) be present during the deliberations of the Board for the making of the determination; or (b) influence any other member or participate in the making by the Board of the determination. (4) When there is no quorum for the continuation of a meeting only because of the exclusion of a member from the deliberations on a matter in which he has disclosed a personal interest, the other members present may- (a) postpone the consideration of the matter until a quorum, without that member, is realised; or (b) proceed to consider and decide the matter as if there was a quorum.
Hence a member on the TRA board who is conflicted must disclose this interest, and if they do not do so, they will be contravening the act and be liable to a maximum 2 years imprisonment.