Workers’ compensation cases should be prioritized – Chief Justice
Imewekwa: 30th Nov, -0001
Chief Justice of the High Court of Tanzania, Honorable Judge, Dr. Eliezer M.Feleshi said he is not expecting delays of case related to compensation issues shortly after his counsel arrives in court.
Dr. Feleshi said that in Morogoro on September 5, 2018 when he opened training for judges from Dar es Salaam, Coast region, Mtwara, Lindi and Morogoro regions that were coordinated by the Lushoto Courts College and operated by the WCF's Day-to-Day Compensation Fund for two days.
“I am not expecting delays and corners on compensation cases. If such cases enter into a series of cases, remember that it is about a person who is injured, a life-threatening matter, it refers to permanent disability, and the person might have dependants, so it concerns a more than just a person's life, and his indication is clear and his penalty is clear”, added the Chief Justice.
He went further and say; “Every employee who gets injured at work has rights to be compensated timely as well as those who die at work; the dependants should be compensated as articulated in the law”.
He said the Social Security service is a recognized and protected right by the Constitution, Article 11 (1) of the Constitution of the United Republic of Tanzania of 1977 and other matters in the sub-paragraph that the State Authority will establish a proper procedure for achieving the exercise of the right of a person to work, the right to education and the right to social assistance during age, illness, or disability, and in any other person's circumstances that he or she cannot, and without affecting such rights the State Authority shall establish to ensure that everyone lives for their efforts.
“These words have been set in the United Republic of Tanzania Constitution so it is a right that has been prescribed and enacted by the Law and based on the constitutional requirements, and that is why the Law of Compensation for Workers was enacted and lead to the establishment of WCF”.
Dr. Feleshi said that the training for judges on implementation of the said law has a profound effect and has been dealt with by the Judiciary College which is responsible for providing education to court officials.
“n the current law in accordance with sections 22 (1) 46 and 48 and tablets 2.3 and 4 compensation repayments focus on the occurrence of the incident, the level of loss and impact that compensates compensation is paid in accordance with the percentage of the criteria with a monthly payment or final payment of the person", noted Dr.Feleshi and added;
"The figures show that the Fund has paid compensation for Tshs. 2.2 billion since it started paying compensation until July 31, 2018, and this shows the importance of this Fund in society, nation but even to us as employees."
On the same note, the Director General for WCF, Mr. Masha Mshomba added that the Fund has prioritized the provision of education to various stakeholders, including the Honorable Judges and their understanding of the activities of the Fund and how to implement the legislation established by the Fund.
“Currently, the Fund has reached many stakeholders and there has been major changes in this understanding of law enforcement and the few who are still serious to comply with the law”, said Mr. Mshomba.
The participants are expected to learn the law that governs the activities of the Fund, but also the structure and activities of the Fund and the compensation procedures.