Skip to document content Skip to main menu Skip to search

High Court Labour Division

High Court Labour Division is responsible for hearing and determining employment disputes. It was first inaugurated and launched in June 2007 under the Employment and Labour Relations Act.

3 judgments
Advanced search
All years
Filters
  • Filters
  • Judges
  • Alphabet
Sort by:
3 judgments
Citation
Judgment date
September 2014
Saganga Mussa vs Institute of Social Work (Consolidated Labour Revision No. 370 of 2013) [2014] TZHCLD 2 (25 September 2014)
Concurrent permanent employment constituted misconduct justifying dismissal, but failure to hold a disciplinary hearing made termination procedurally unfair; compensation reduced to four months.
Labour law — Public service — Concurrent permanent employments — misconduct — substantive fairness of dismissal; Procedural fairness — right to be heard — necessity of viva voce disciplinary hearing before disciplinary authority; Compensation for procedural unfairness — quantum and reduction of excessive award; Applicability of Public Service Regulations/Standing Orders to public higher learning institutions.
 25 September 2014
May 2014
Atilio S/o Kitine vs Republic (Criminal Appeal No. 9 of 2012) [2014] TZHCLD 3 (16 May 2014)
Conviction quashed because trial was unfair: accused’s deafness, unqualified interpreter and failure to consider defence evidence.
Criminal procedure – fair trial for accused with hearing disability; use of unqualified/interested interpreter; duty to consider defence evidence; sufficiency of prosecution evidence in rape case; trial continuity where multiple magistrates sit.
 16 May 2014
February 2014
Msafiri Busagi vs Sandvik Mining and Construction Tanzania Ltd (Consolidated Revision No. 21 of 2013) [2014] TZHCLD 1 (17 February 2014)
Termination for ill-health without independent medical enquiry or procedural compliance is substantially unfair; 12 months’ pay awarded.
* Labour law – termination for ill-health – employer’s duty to conduct enquiry under Rule 19 of the Code of Good Practice – requirement for independent medical opinion and assessment of work-relatedness. * Labour law – procedural fairness – compliance with Rule 21 and qualitative assessment of procedural breaches when determining remedy. * Revision jurisdiction – grounds not raised at CMA are generally not competent grounds for revision.
 17 February 2014