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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.

57 judgments
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57 judgments
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Judgment date
November 2022
Shamsiye Secondary School vs Sadath Kalipha Kimbana & Another (Revision No. 108 of 2022) [2022] TZHCLD 1044 (4 November 2022)
4 November 2022
Simbanet Tanzania Limited vs Agness Mwambo (Revision No. 112 of 2022) [2022] TZHCLD 1046 (4 November 2022)
Employer failed to prove valid fair retrenchment; award reduced by terminal benefits already paid.
Employment law – termination – retrenchment vs breach of contract; burden on employer to prove valid operational requirements and fair procedure (s.37–39 ELRA); consultation and disclosure requirements (s.38 ELRA; GN No.42/2007 rules 23–24); deduction of terminal benefits from damages awarded for wrongful termination.
 4 November 2022
Tanzania Electric Supply Company Limited vs Ibrahim Msafiri Salehe (Misc. Application No. 343 of 2022) [2022] TZHCLD 1060 (4 November 2022)
A review application is incompetent and struck out where a notice of appeal against the same decision has been filed.
Civil procedure — review vs appeal — competence of review where notice of appeal filed; preliminary objection upheld; court-stamped notice of appeal treated as proof of appeal filing.
 4 November 2022
Yapi Markeziinsaatve Sanayi Anonim Sirket vs Japhari Mohamed (Revision No. 198 of 2022) [2022] TZHCLD 1116 (4 November 2022)
A combined revision of an ex parte CMA award and a subsequent ruling is an omnibus application and was struck out.
* Labour law – revision of CMA proceedings – ex parte award – procedural remedies after ex parte proceedings – application to set aside vs revision – omnibus application doctrine – requirement of leave if challenging an out-of-time ex parte award.
 4 November 2022
Bibi Chiku Matessa vs Board of Trustees of National Security Fund (nssf) (Revision No. 170 of 2022) [2022] TZHCLD 1120 (3 November 2022)
A labour tribunal cannot re‑open a jurisdictional objection already decided; applicant's affidavit objections were dismissed.
* Labour law – jurisdiction of CMA – whether a jurisdictional objection may be re‑heard after prior final determination (functus officio). * Civil procedure – affidavits – hearsay and verification: documentary annexures and verified sources sustain admissibility. * Remedies – quashing of tribunal ruling and remittal for fresh arbitration before a different arbitrator.
 3 November 2022
David Sekwao vs Sportpesa Limited (Revision Application No. 40 of 2022) [2022] TZHCLD 1080 (3 November 2022)
Whether the applicant was still on probation at termination and therefore barred from unfair termination remedies under section 35 ELRA.
* Employment law – Probationary employment – probation remains until formal confirmation; expiry alone does not amount to confirmation. * Employment law – Extension of probation – evidentiary proof (management minutes and extension letter). * Labour law – Unfair termination – section 35 ELRA excludes employees with less than six months from Sub-Part E remedies.
 3 November 2022
Peter Mnyanyi vs Patrick Mission High School & Another (Labour Review No. 4 of 2022) [2022] TZHCLD 1057 (3 November 2022)
Review dismissed where alleged errors were not apparent on the record and raised issues needing lengthy argument.
Labour law – Review under Labour Court Rules (Rule 27) – Error apparent on face of record; Review vs appeal; Proper scope of revision of CMA decisions; Time limitations for revision/review; Court cannot sit on its own appeal.
 3 November 2022