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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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4 judgments
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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