UDOMASA
University of Dodoma, Chimwaga Complex, P.O. Box 259,Udom, Cell +255 755 210310,
+ 255 653 331 003, +255 714 477 180 Email: udomasa2011@gmail.com
2nd April, 2012
Our Ref: UDOMASA/UDOM/11/48
Your Ref:
The Chairman,
University Council,
University of Dodoma,
P.o Box 259,
Dodoma.
RE: DELIBARATION AND RELEASE OF THE STAFF DISCIPLINARY APPEALS COMMITTEE REPORT
Reference is made to the above heading.
The University of Dodoma Academic Staff Association (UDOMASA) invites the University Council to recall that;
1. During the last quarter of the year 2011, and following the hearing and recommendations of the Staff Disciplinary Committee, the University Council terminated from employment a number of University Staff on various disciplinary actions.
2. Being aggrieved by the decision of the Council, the terminated staff knocked the doors of the Commission for Mediation and Arbitration (CMA) to pursue their rights, however, during the pendency of the employment matters at CMA, the University fulfilled the requirements of Rule 58 (1) of the University of Dodoma Charter, 2007 by composing the Staff Disciplinary Appeals Committee, to deal with and recommend to the Council on appeals made by members of the academic and administrative staff.
3. On the basis of the law, and considering the fact that, there was now an Appellate quasi-judicial body, to say, the Staff Disciplinary Appeals Committee, which receives appeals from the decision of the Council based on recommendations from the Staff Disciplinary Committee, the terminated staff with a view to exhaust the local avenues placed for pursuing rights at the University, withdrew their employment matters at CMA and lodged their appeals in the Staff Disciplinary Appeals Committee.
4. The said terminated staff were on the 10th day of February, 2012 properly summoned and appeared before the Staff Disciplinary Appeals Committee where upon being heard, expected for the results of the hearing to be read out and or to be announced, within five (5) days from the date of hearing, that is to say on or before the 15th day of February, 2012 as per employment laws and rules.
5. It is very unfortunate that the results in regard to the hearing of the appeals made on 10th February, 2012 are, until the day the University of Dodoma Academic Staff Association (UDOMASA) is writing this letter, not yet out.
6. In connection to the fate of appeals by the terminated staff, and considering the fact that, it was one of the agenda, the University Council in its meeting held on the 30th day of March, 2012, declined to delibarate on the report made by the Staff Disciplinary Appeals Committee on the ground that, the University Management was not notified of the hearing of the appeal, hence was not represented or in other words, the management did not appear before the Appelate body said above, thus was not heard.
7. Further to the above, the council made it worse by resolving that, the ‘purpoted’ non notification of the University Management, resulting to the so called “management not represented” rendered the hearing and the Staff Disciplinary Appeals Committee report a nullity and that, it should re-hear the appeals and produce another report to be brought before the University Council for delibaration.
8. The University of Dodoma Academic Staff Association (UDOMASA) is very much concerned with the act of the Council at Paragraph 6 and 7 to the extent that;
8.1 The allegation by the Council that the Staff Disciplinary Appeal Committee did not notify the University Management is unfounded because; it is evident that the management was on the day of hearing, fully represented by well known University Staff from the management who included Mrs. Subira Sawasawa (DHRMA), Mr. John Kusaga (PAO) and Mr. Melkiori Sanga (LO).
8.2 The resolution by the Council for the Staff Disciplinary Appeal Committee to re-hear the appeals is unprocedural, unfounded and prejudicial to the fate of terminated staff in pursuing their appeal rights.
8.3 The act of the University Council to continue holding appeal reports in regard to a hearing made on 10th February 2012 is unlawful.
8.4 The management, in regard to the grievances against the Staff Disciplinary Appeals Committee, that they were not notified, represented or heard on appeal should not find its remedy at the hands of the University Council to bar delibaration and releasing by the Council, the Disciplinary Appeals Committee report; but should follow the proper avenues because by baring delibarartion and releasing of the same by the Council is purely dispensation of justice and misuse of the Council.
For the foregoing, UDOMASA calls for the university council to do the following:-
(a) Dispense with its resolution dated 30th March, 2012 which declined delibaration and releasing the Staff Disciplinary Appeals Committee report;
(b) Declare the hearing and recommendations of the Staff Disciplinary Appeals Committee made on the 10th February, 2012 as proper;
(c) Release the Staff Disciplinary Appeals Committee report as continuing holding them is illegal;
(d) Order the Management to mount its grievances in the proper avenues; and,
(e) Without prejudice to what is called for at (a), (b),(c) and (d)above, if it is still the position of the Council that, the management was not represented in the Appeals Committee should charge and discipline those staff who purported to have represented the management in accordance with the law.
We the University of Dodoma Academic Staff Asociation (UDOMASA) reitarate to our humbled concern stated herein and proceed to resolve that, the Association which is obliged to take up and ensure the welfare of the University Academic Staff is maintained, is not ready to bear with such unproceduralities leading to prejudicing the terminated staff.
The Association further resolves that, it will take the appropriate steps if the Council will refuse and or neglect heeding to this letter.
We are much obliged.
................
Richard Alphonce
Deputy Secretary – UDOMASA
Cc: Vice chancellor (UDOM)
DVC-ARC (UDOM)
DVC-PFA (UDOM)
STC (UDOM)
Chairperson-UDOM Staff Disciplinary Appeals Committee