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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.

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1 judgment

Citation	Judgment date
December 2015
Institute of Social Work vs Elia Kasalile & Others (Consolidated Revision No. 187 of 2013) [2015] TZHCLD 2 (4 December 2015) Strike was a dispute of right making dismissal substantively fair, but defective disciplinary notice reduced employees' compensation. Labour law – strike — distinction between dispute of right and dispute of interest; lawfulness of strike under s.80. Procedural fairness — requirement to notify/serve employees of disciplinary hearings; consequence of defective service. Representative claims at CMA — use of Form No.1 to file on behalf of multiple employees. Remedy for substantively justified but procedurally unfair dismissal — reduction of compensation, setting aside severance, no reinstatement	4 December 2015

Citation

Judgment date

December 2015

Institute of Social Work vs Elia Kasalile & Others (Consolidated Revision No. 187 of 2013) [2015] TZHCLD 2 (4 December 2015)

Strike was a dispute of right making dismissal substantively fair, but defective disciplinary notice reduced employees' compensation.

Labour law – strike — distinction between dispute of right and dispute of interest; lawfulness of strike under s.80. Procedural fairness — requirement to notify/serve employees of disciplinary hearings; consequence of defective service. Representative claims at CMA — use of Form No.1 to file on behalf of multiple employees. Remedy for substantively justified but procedurally unfair dismissal — reduction of compensation, setting aside severance, no reinstatement

4 December 2015