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Citation
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Judgment date
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| November 2022 |
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The applicant's revision was dismissed as overtaken by events after execution and sale of the mortgaged property.
Land law – Revisional jurisdiction under s.43(1)(b) Land Disputes Courts Act – application overtaken by events after execution and sale – res judicata/preliminary objection – abuse of court process – uselessness of revision once decree executed.
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30 November 2022 |
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Whether dismissal for alleged misappropriation was substantively and procedurally fair, including admissibility of debt-collector evidence.
Labour law — admissibility of debt-collector evidence — hearsay; framing of issues and suo motu subsidiary questions by arbitrator; procedural and substantive fairness in dismissal for misconduct; constitution of disciplinary committee (sufficient seniority, impartiality).
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30 November 2022 |
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Out-of-court settlement and non-apparent alleged illegality do not justify extension of time to appeal.
* Civil procedure — extension of time — applicant must show good cause and account for each day of delay.
* Settlement negotiations — out-of-court settlement attempts do not stop limitation periods.
* Illegality — only apparent, facial illegality justifies extension of time; non-apparent errors require full appeal process.
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29 November 2022 |
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Application to restore execution struck out for failure to disclose necessary award history and follow required procedure.
Execution proceedings – restoration/re-enrolment – procedural compliance with deputy registrar’s directions – sufficiency of record regarding award and intervening history – Labour Court Rules (Rules 35, 36, 55) and Limitation Act considerations.
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28 November 2022 |
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Negligence of an advocate does not justify extension of time unless applicant accounts for delay; application dismissed.
* Extension of time – application for revision of CMA award – requirement to show good cause.
* Negligence of advocate – absence of affidavit and right to be heard; negligence generally binds the client.
* Illegality – must be apparent on the face of the record to justify extension of time.
* Duty of litigant to follow up progress of case; option to refile where matter struck out.
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28 November 2022 |
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Court set aside CMA computation for lacking proper reference to the original award and ordered High Court to compute.
* Labour law – computation of CMA award – identity and reference to originating award – fatal irregularity where computation bears different registration number and does not reference original award.
* Civil procedure – execution – jurisdiction of executing court under Section 38(1) CPC to compute decree.
* Limitation – Rule 30 GN No.64 (correction/computation) – applicant must prove date of awareness for time computation.
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28 November 2022 |
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Failure to administer oath to a recalled witness vitiated arbitration proceedings; award quashed and retrial ordered.
* Labour law — arbitration procedure — recall of witness under section 147(4) Evidence Act — limits on recalling to prevent filling gaps in evidence.
* Evidence — requirement of oath/affirmation — mandatory under Oaths and Statutory Declarations Act s.4(a) and Rule 25(1) GN. No. 67/2007 — failure vitiates proceedings.
* Remedies — where evidence partly sworn and partly unsworn and arbitrator relied on both, award must be quashed and trial held de novo before different arbitrator.
* Practice — arbitral records must avoid ambiguous abbreviations and jargon to prevent prejudice.
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28 November 2022 |
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28 November 2022 |
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Employer failed to prove fair termination; award reduced to salaries for remaining six months and 16 days (TZS 2,378,000.33).
Labour law – unfair termination – employer’s burden under s.39 ELRA to prove fairness; procedural compliance with filing/tendering documentary evidence in CMA proceedings; correction of clerical errors in party names under Rules; assessment of contract duration and compensation for premature breach of fixed-term contract.
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25 November 2022 |
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24 November 2022 |
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Deputy Registrar lacked jurisdiction to order recalculation; execution must proceed and a name change does not defeat the decree.
* Execution law – executing officer’s jurisdiction; functus officio; power to order recalculation; executing court’s exclusive jurisdiction to determine execution-related quantum; change of decree debtor’s name does not defeat enforcement.
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24 November 2022 |
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Court granted 14‑day extension to file revision due to arguable jurisdictional issues including diplomatic immunity and public service status.
Labour law – extension of time to file revision; apparent illegality on face of record; jurisdictional challenge based on Diplomatic Immunities and Privileges Act; jurisdictional challenge based on Public Service Act; Lyamuya exception for extension of time.
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22 November 2022 |
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Unsupported advocate illness and failure to account for each day of delay justify refusal to extend time to appeal.
Labour law – extension of time to file appeal – requirement to account for each day of delay; reliance on advocate’s illness – need for medical evidence/affidavit; ignorance of law or afterthoughts not good cause; authorities including Bushiri v. Mashayo applied.
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22 November 2022 |
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Voluntary Agreement was operative and the respondent unfairly retired the complainant, who is awarded TZS 176,476,186 for unpaid benefits and losses.
Employment law – medical retirement – requirement for Medical Board certification and fair procedures; Collective/Voluntary Agreement – duration and enforceability; entitlement to retirement award, insurance benefits and compensation for loss of earnings; employer’s duty to accommodate disability.
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21 November 2022 |
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An express contractual clause excluding renewal extinguishes reasonable expectation; CMA award for unfair termination quashed.
Labour law — fixed-term contracts — interpretation of contract clauses — Clause excluding legitimate expectation of renewal — timeliness of referral (counting from contract expiry) — scope of CMA jurisdiction to treat non-renewal as unfair termination.
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21 November 2022 |
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Fixed-term contract termination was substantively and procedurally unfair; employer failed to prove specific misconduct and omitted required procedures.
Employment law – unfair termination – fixed-term contract – substantive fairness: necessity of proving specific misconduct; procedural fairness – requirement to notify charges, serve investigation report, and afford opportunity to mitigate (Rule 13(2) & 13(7) GN. No. 42 of 2007) – remedy: compensation for unexpired fixed-term period.
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18 November 2022 |
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Failure to record assignment or reasons for reassignment of arbitrator vitiates CMA award and mandates retrial.
Arbitration procedure – Assignment of arbitrators – Successor arbitrator must be formally assigned and record reasons for taking over; failure to do so and failure to record witness testimony vitiates CMA proceedings and renders award a nullity.
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18 November 2022 |
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Medical illness (COVID‑19) with credible proof can constitute good cause for extension to file a revision.
Labour law — extension of time to file revision — Rule 56(1) & (3) — good cause — medical illness (COVID‑19), hospitalization and isolation — service and Rule 24(4) counter‑affidavit — ex parte proceedings.
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17 November 2022 |
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Applicant (fixed‑term) dismissed for misconduct; substantive cause found but disciplinary procedures breached—three months’ pay awarded.
* Employment law – fixed‑term contract – construction of written agreement establishing one‑year term. * Employment law – unfair dismissal – substantive fairness (dishonesty/fuel receipts) established by documentary evidence. * Employment law – procedural fairness – requirement for pre‑disciplinary investigation under GN No. 42 of 2007; failure to investigate vitiates dismissal. * Remedy – where substantive cause exists but procedures breached, award of limited compensation (three months’ pay) rather than reinstatement.
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16 November 2022 |
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Suo motu determination of jurisdiction by an arbitrator without hearing parties violated natural justice; award quashed and remitted.
* Labour law – Jurisdiction – Fixed-term contract v. unfair termination – Appropriate remedy and forum. * Natural justice – Right to be heard – Arbitrator raising and deciding issues suo motu without putting them on record. * Procedural fairness – CMA award quashed and remitted for recomposition and hearing on jurisdiction if necessary.
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16 November 2022 |
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Conviction may justify dismissal, but employer must show connection to loss and follow fair disciplinary procedures.
Employment law – dismissal for gross misconduct – plea-bargain conviction as basis for termination – necessity of connection between criminal conduct and employer's loss – obligation to conduct and disclose employer investigation (audit) – service of disciplinary notice and Rule 13(3) (48 hours) – procedural fairness.
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16 November 2022 |
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Appellant failed to prove lawful village allocation; letters alone were insufficient and the appeal was dismissed with costs.
* Evidence — burden and standard in civil cases — party alleging village land allocation must prove allocation on balance of probabilities (Evidence Act ss.110-112).
* Village Land — proof of allocation — need for Village Assembly/Council records or testimony; VEO letters alone insufficient.
* Civil procedure — failure to call material witnesses — adverse effect on claimant’s case.
* Clerical errors — discrepancy in judgment figures curable where typographical and not affecting outcome.
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16 November 2022 |
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Court summoned respondent's directors to show cause for committal after respondent stalled execution of a CMA award.
Enforcement of CMA award; execution of judgments; committal proceedings under Rule 35(1) CPC; effect of unserved set-aside application at CMA on execution; parties' duty to serve and disclose pending applications.
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16 November 2022 |
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Termination by mutual agreement upheld; employee bound by signed separation agreement and entitled only to agreed statutory benefits.
Labour law — Termination by agreement; revisional jurisdiction; issues not raised before CMA cannot be entertained on revision; signing of documents — literate adult bound by signed agreement; entitlement limited to agreed statutory/separation‑agreement benefits.
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16 November 2022 |
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Termination compensation is taxable; P.A.Y.E must be deducted from awards and remitted to TRA, employer may not retain it.
* Employment law – termination compensation – award for unexpired fixed-term contract – taxability under Income Tax Act s.7. * Income tax – P.A.Y.E – deductions from termination awards and remittance to TRA. * Employer retention of deducted statutory amounts – rejected. * NSSF deductions raised but not permitted to be retained by employer.
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16 November 2022 |
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The applicant’s attempted rape conviction quashed for defective particulars and failure to prove the victim’s age.
Criminal law — Attempted rape — Particulars of offence must disclose essential ingredients (manifestation by threat under s.132(1)(2)(a)) — Proof of complainant’s age essential in sexual offences — Defective particulars and unproven age vitiate conviction.
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15 November 2022 |
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A 15‑day delay due to retrenchment hardship and lack of funds justified condonation; the CMA ruling was set aside.
Labour law – condonation for late filing – application of Lyamuya principles (inordinate delay, diligence, negligence, other sufficient reasons) – retrenchment hardship and lack of funds as good cause – review of CMA discretionary decision.
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15 November 2022 |
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Court finds termination unfair/constructive, quashes CMA award and orders TZS 11,530,769.23 in compensation with each party to bear own costs.
Labour law – constructive dismissal – employer’s duty to prove fairness of termination (s.39 Employment and Labour Relations Act) – procedural and substantive fairness (s.37) – compliance orders and employer conduct – revision of CMA award.
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15 November 2022 |
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The respondent’s signed acceptance of a retrenchment package estops them from claiming unfair termination compensation.
• Evidence — Electronic evidence — Admissibility governed by reliability, integrity, origin and authenticity; no mandatory affidavit requirement under Electronic Transactions Act or Evidence Act. • Labour law — Retrenchment — Effect of signing redundancy notice and accepting retrenchment package — issue estoppel bars subsequent claim of unfair termination. • Civil procedure — Review of arbitral/administrative award where estoppel and evidential findings negate primary relief.
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15 November 2022 |
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Applicant’s claim of unfair dismissal dismissed—court found he absconded and denied himself a disciplinary hearing.
Employment law — unfair termination — whether employee was terminated or absconded; procedural fairness — right to be heard; evaluation of evidence by arbitrator; review of CMA award.
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11 November 2022 |
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Interpretation application dismissed as sub judice and execution struck out for abuse of court process.
* Labour law – enforcement of CMA award – revision of CMA award by High Court – execution of decree versus execution of original CMA award. * Civil procedure – interpretation of judgment – sub judice doctrine – abuse of court process – striking out execution application. * Remedies – proper recourse against High Court judgment is appeal to Court of Appeal.
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11 November 2022 |
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Court pierced corporate veil to hold directors liable and allow execution of an unpaid CMA settlement.
Company law — lifting corporate veil; Enforcement of labour/CMA settlement as a decree; Directors' liability where settlement signed with their consent; Insufficiency of company assets not automatically fatal to execution; Authority and apparent consent of company representative; Public interest in enforcement of court decrees.
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11 November 2022 |
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Failure to obtain the mandatory medical report and consultation rendered a sickness-based termination procedurally unfair despite substantive justification.
Employment law – termination for sickness – substantive fairness vs. procedural fairness – mandatory medical report and consultation under Collective Bargaining Agreement (Clause 9.1) and Rule 7(1) G.N. No. 42 of 2007 – revisional jurisdiction – remedy: compensation of months' pay for procedural unfairness.
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11 November 2022 |
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The Registrar found the respondent embezzled members' funds; failure to meet accounting obligations warranted cancellation.
Trade union registration — cancellation under s55 ELRA — Registrar's investigatory power under s52(2)(b) — obligation to keep books and prepare financial statements under s51(1) — special audit admissibility — embezzlement/misapplication of members' funds — remedial order vs cancellation.
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11 November 2022 |
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Defective signing of the CMA referral rendered the proceedings incompetent and the award was quashed.
Labour law – Competence of CMA referral – Proper signing of CMA F1 and consent to representative filing – Defective/forged signatures render referral incompetent – Competence defects make proceedings nullity and award liable to be quashed and set aside.
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10 November 2022 |
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A letter labelled 'suspension' that effects dismissal without a disciplinary hearing constitutes unfair termination for lack of fair procedure.
Employment law — suspension versus termination; procedural fairness — right to be heard and disciplinary hearing; Rule 13 Employment and Labour Relations (Code of Good Practice) Rules GN. No. 42 of 2007; unfair dismissal — substantive and procedural irregularities; review of CMA awards.
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10 November 2022 |
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Retrenchment for reduced funding and office relocation was substantively and procedurally fair; overtime claims unproven and time-barred.
Labour law - retrenchment for operational requirements; proof of economic necessity and relocation; procedural compliance for retrenchment (notice and consultation); estoppel/promissory estoppel after acceptance of retrenchment package; overtime/extra duty claims - burden of proof and time limitation/condonation.
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9 November 2022 |
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Withdrawal with leave permits refiling the same cause of action; different claims require fresh filing and condonation if late.
Labour law – withdrawal with leave to refile – leave to refile limited to same cause of action; jurisdictional limits where different cause of action and differing limitation periods (Rule 10(1)&(2) GN No.64/2007); condonation required for out‑of‑time fresh claims.
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9 November 2022 |
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Employee dismissed for negligently facilitating a fictitious account; dismissal and procedures upheld, appeal dismissed.
Labour law – fair termination – employer must prove substantive reason for dismissal; burden of proof lies on employer; suspension during investigation not mandatory; right to be heard and procedural fairness assessed by tribunal records; negligent facilitation of fictitious account causing quantifiable loss justified dismissal.
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9 November 2022 |
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Failure to administer oath to CMA witnesses vitiated proceedings, so the award was quashed and rehearing ordered.
Labour law – Evidence – Mandatory administration of oath/affirmation to CMA witnesses; failure to swear witnesses vitiates proceedings and award; remedy: quashing award and ordering rehearing de novo before different arbitrator.
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9 November 2022 |
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Revision of interlocutory CMA order struck out as premature under Rule 50 for lack of jurisdiction.
* Labour law – Revision jurisdiction – Whether High Court may revise interlocutory/condonation orders of the CMA while the substantive matter is pending – Application of Rule 50, Labour Court Rules (G.N. No. 106 of 2007) – Striking out premature revision applications.
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9 November 2022 |
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Termination was substantively justified but procedurally flawed; court awarded six months' salary as compensation.
Employment law – unfair dismissal – substantive fairness (gross insubordination) upheld; procedural fairness breached – chairperson’s status not disclosed; absence of recorded witness evidence – procedural irregularity; remedy: reduced compensation (six months' salary) for procedural unfairness.
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9 November 2022 |
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Applicant failed to account for three-year delay; alleged illegality was not apparent, so extension of time was refused.
Extension of time – application to file notice of appeal and obtain record; requirement to account for each day of delay; illegality as ground for extension – must be apparent on the face of the record; technical delay not established by unrelated subsequent proceedings; afterthought does not justify extension.
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8 November 2022 |
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Whether the respondent was an employee and entitled to remedies for unfair termination — court found employment and reduced award.
Labour law – employment status – determination of employee under section 61; unfair termination – substantive and procedural fairness; evidentiary weight of identity cards, attendance registers and payment vouchers; general damages require claim and evidential justification; correct computation of severance pay.
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8 November 2022 |
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The appellant failed to prove lawful village allocation; respondent's long possession established ownership and appeal dismissed.
* Land law – village land allocation – requirements under Village Land Act s.8(5) – need for documentary proof (application letters, council/assembly minutes).
* Evidence – civil standard (balance of probabilities) – weight of continuous possession and cultivation as proof of ownership.
* Precedent/previous proceedings – limited probative value of Ward Tribunal judgments on different parcels or parties.
* Procedure – locus in quo visits are discretionary, not mandatory, and only for exceptional necessity.
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8 November 2022 |
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Alleged illegality must be apparent on the record to justify extension of time for revision of a CMA award.
Labour law – extension of time to file revision – illegality as sufficient cause – illegality must be apparent on the face of the record – probationary employment – review of CMA award.
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7 November 2022 |
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Fixed‑term contract renewed by conduct; termination found substantively and procedurally unfair; compensation limited to remaining contract period.
Employment law – fixed‑term contract vs unspecified period – renewal by conduct; unfair dismissal – substantive and procedural fairness under sections 37 and 39 ELRA; disciplinary consistency – Rule 12 Code of Good Practice; remedies for breach of fixed‑term contract limited to unexpired contract period; CMA jurisdiction where termination occurs before contract end.
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7 November 2022 |
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Extension of time refused where applicant failed to account for over five months' delay and show good cause.
Extension of time — good cause required — applicant must account for each day of delay — Lyamuya principles applied — inordinate delay of over five months unjustified by absence from jurisdiction or family responsibilities — Section 91(1) ELRA and Rule 56(1) Labour Court Rules.
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7 November 2022 |
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Oral reinstatement after a termination letter postpones the start of the 30‑day limitation until the employer's final decision.
Labour law — limitation period for unfair termination (Rule 10(1) GN No.64/2007) — effect of employer’s oral reinstatement on finality of termination — 30-day period runs from employer’s final decision or operative termination date — CMA award set aside and remitted for merits hearing.
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4 November 2022 |
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An employer failing to prove abscondment cannot avoid unfair termination liability; 12 months' compensation upheld.
Employment law – employment relationship – employer’s duty to keep records (s15 ELRA) – burden to prove status and abscondment; termination – proof of termination (oral evidence vs. written letter); unfair termination – compensation under s40 ELRA – 12 months' wages where specific entitlements not pleaded or proved.
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4 November 2022 |