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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.

8 judgments
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8 judgments
Citation
Judgment date
November 2019
Agness Sekubo Muhindo vs Faiza Jafarjee (Labour Revision No. 764 of 2019) [2019] TZHCLD 76 (5 November 2019)
Revision application dismissed for want of prosecution due to persistent failure to appear and comply with court orders.
Labour law — Procedure — Dismissal for want of prosecution — Failure to comply with court orders — Protection of administration of justice.
 5 November 2019
October 2019
Ewald Mrema vs Bodi Ya Maji Mtiririko Kirua-kahe (Labour Revision No. 1045 of 2020) [2019] TZHCLD 280 (30 October 2019)
30 October 2019
Hatungimana Odasi and Another vs Republic (Criminal Revision No. 35 of 2019) [2019] TZHCLD 281 (23 October 2019)
High Court reduced custodial sentence for unlawful presence, ordering release and deportation due to indigence and guilty plea.
* Immigration law – Unlawful presence – Sentence – statutory minimum fine and maximum custodial term under section 45(1)(i) & (2) of the Immigration Act; * Criminal procedure – High Court suo motu revision under section 372 – power to call records and vary sentence; * Sentencing – reduction of custodial sentence due to guilty plea, first offender status and indigence; * Deportation as disposition following revision.
 23 October 2019
September 2019
Charles S. Kimambo vs Clement Leonard Kusudya (as An Administrator of The Estate of The Late Leonard Kusudya) & Another (Civil Application No. 477 of 2018) [2019] TZHCLD 1 (23 September 2019)
Court allowed amendment of defective leave-to-appeal application, prioritising justice over striking out despite counsel's negligence.
Civil procedure – Application for leave to appeal – Defective notice of motion and supporting affidavit – Court’s discretion to allow amendment under Rules 4(2)(a) & (b) – Overriding objective versus counsel’s negligence – Costs on course.
 23 September 2019
Conservation Hotels Domestic Social Services & Consultancy Workers Union (codawu) vs Southern Sun Hotel T. Ltd T/a Southern Sun Dar Es Salam (Land Dispute No. 2 of 2017) [2019] TZHCLD 2 (19 September 2019)
Applicant failed to prove denial of union access; termination of recognition agreement did not establish interference with organizational rights.
Labour law – Trade union organizational rights – Right of access to employer premises; Recognition agreements – Termination effect; Burden of proof – Evidence of denial required; ELRA ss.60, 61, 62, 67.
 19 September 2019
Yaaqub Ismail Enzron vs Mbaraka Bawaziri Filling Station (Revision No. 33 of 2018) [2019] TZHCLD 1 (19 September 2019)
Court revised CMA award, finding constructive dismissal from unpaid salaries and awarded arrears, compensation, severance and notice pay.
Labour law — evidence evaluation at CMA; constructive dismissal — test for forced resignation/constructive termination; employer's burden to prove abscondment; remedies under ELRA — arrears, compensation, severance, notice and leave in lieu.
 19 September 2019
Yaaqub Ismail Enzron vs Mbaraka Bawaziri Filling Station (Revision No. 33 of 2018) [2019] TZHCLD 74 (19 September 2019)
Applicant constructively dismissed after unpaid wages and being told to depart; CMA award quashed and replaced with monetary award.
* Labour law – dismissal – constructive termination – employer conduct making employment intolerable by withholding salary and directing employee to depart.* Evidence – evaluation of documentary exhibits and hearsay; burden on employer to prove abscondment.* Remedies – compensation for unfair termination, severance, arrears, notice and leave pay under ELRA.
 19 September 2019
August 2019
Dawasa vs Moses Balagaju & 2 Others (Revision Appl. No. 956 of 2019) [2019] TZHCLD 77 (27 August 2019)
Applicant failed to show good cause to set aside an ex parte CMA award where summons were properly received by its registry officer.
Labour law — Service of summons — CMA procedure (GN.64/2007) — Proper service by registry officer — Inapplicability of Labour Court Rules to CMA proceedings — Good cause required to set aside ex parte award — Failure to appear due to negligence disentitles party to relief.
 27 August 2019