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Citation
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Judgment date
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| July 2022 |
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CMA proceedings vitiated by omission of witness name and unsworn testimony; award quashed and retrial ordered.
Labour law – CMA proceedings – omission to record witness’s name; unsworn testimony – mandatory oath/affirmation requirement – proceedings vitiated; High Court’s revision jurisdiction – nullification and retrial de novo; inherent powers not available to cure statutory procedural defects.
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29 July 2022 |
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The applicant's non-payment of one month's salary was a breach; the court reduced the CMA's six-month award to two months' pay.
Labour law – breach of fixed-term employment contract; non-payment of salary as breach; distinction between breach and unfair termination; review/revision of CMA awards; assessment and rationality of quantum for damages.
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29 July 2022 |
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Court upheld CMA award: dismissal substantively unfair due to contributory employer failings, but procedure was fair; 12 months' compensation affirmed.
Employment law — unfair termination — substantive fairness (valid reason) — procedural fairness (investigation, right to be heard) — contributory employer negligence and staff shortages — compensation under s.40(1)(c) ELRA — employer's discretion in calling witnesses.
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29 July 2022 |
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Employer failed to prove substantive or procedural fairness for dismissal; CMA award and compensation confirmed.
Labour law – unfair termination – substantive and procedural fairness – employer bears burden to prove valid reason and follow investigation/disciplinary procedure (s.37(2) Cap.366; Rule 13 GN. No.42). Evidence – hearsay and absent witnesses inadmissible to prove dismissal grounds. Remedies – compensation based on proved salary; award and certificate of service upheld. Closing submissions – late-filed submissions are not evidence and non-consideration does not necessarily amount to partial hearing.
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29 July 2022 |
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Applicant granted 14 days to file revision because lack of service and denial of hearing constituted a sufficient illegality.
* Labour law — extension of time to apply for revision under Rule 56(1) — requirements for 'sufficient reasons'.; * Procedural fairness — service of summons and right to be heard — ex parte award caused by lack of service to one of the parties.; * Illegality — denial of hearing as ground for extension of time; * Evidence — submissions from the bar not substituting sworn evidence; * Labour Institutions (Mediation and Arbitration) Rules — obligations on service of process.
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29 July 2022 |
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The court dismissed the employer’s revision, finding retrenchments substantively and procedurally unfair for lack of notice, disclosure and consultation.
Labour law – retrenchment – substantive justification for retrenchment; procedural fairness – notice, disclosure and consultation under s.38 ELRA and Rules 23–24 Code of Good Practice GN.42/2007; employer’s burden to prove integrity of retrenchment process; review of CMA award.
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29 July 2022 |
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Court upheld termination by mutual agreement and dismissed the applicant’s revision for lack of merit.
Employment law – Termination by mutual agreement – Validity of written mutual termination agreement; Contract law – free consent and voluntariness; Review of CMA award – appellate scope limited where agreement established.
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29 July 2022 |
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Employer failed to prove lawful suspension; termination was procedurally and substantively unfair, warranting compensation and a service certificate.
Employment law – termination vs suspension; burden of proof on employer; suspension requires compliance with Rules 27(1)–(3), GN No. 42/2007 (written suspension letter and investigation); uncorroborated/hearsay evidence cannot establish lawful suspension; remedies for unfair termination include compensation and certificate of service.
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29 July 2022 |
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Revision granted; CMA award quashed for lack of proof of vehicular negligence and employment status, no costs.
* Proof of causation in road accidents – requirement for competent accident and vehicle inspection reports to establish vehicular defect or driver negligence.
* Burden of proof – he who alleges must prove, including employment relationship in claims for workplace deaths.
* Employment status – administrators must prove deceased were employees to claim under employment law.
* Alternative remedies – availability of third‑party motor insurance where tortious liability is not established.
* Evidence of injury – need for medical/contemporaneous documentation to substantiate personal injury claims.
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28 July 2022 |
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E-filing date governs limitation; electronic filing printout sufficed and the revision application was timely filed.
* Labour law – revision of CMA awards – limitation period under section 91(1) ELRA (42 days);
* Electronic filing – Rule 21(1) GN. No. 148/2018 – e-filing timestamp governs computation of time;
* Evidence – system printout of electronic filing accepted as sufficient proof of filing date; registry endorsement not decisive where e-filing record exists.
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28 July 2022 |
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Structural business changes and consultation with a recognized union can justify retrenchment if statutory procedure is followed.
Labour law – retrenchment – operational requirements may be based on structural needs alone; consultation – recognized trade union consultation suffices where employees are union members; employer’s duty to prove valid reason and fair procedure; appellate review of CMA award.
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26 July 2022 |
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Where an employee is dismissed during probation for poor performance, breach of contract and payment for the remaining term are not automatically warranted.
Labour law – fixed-term contract – probation – termination during probation; pleading discipline – parties bound by pleadings; unfair termination v. breach of contract; relief for termination during probation.
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25 July 2022 |
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High Court quashed DLHT appeal and execution orders for procedural irregularities and failure to comply with Regulation 30.
* Land law – execution of decrees – obligation of DLHT Chairman to consider broker's report and formally close execution under Regulation 30.
* Procedural irregularity – conflicting DLHT orders and execution in favour of both parties.
* Appeals – competency and time limits for appeals from Ward Tribunal to DLHT; need to address assessors' opinion and give reasons for departure.
* Locus – institution of proceedings by a person prior to formal appointment as administrator to preserve deceased’s estate may be justified in appropriate circumstances.
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25 July 2022 |
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Extension of time to file labour revision denied for unexplained delay and counsel's negligence.
Labour procedure – extension of time to file revision; requirement to account for each day of delay; negligence of counsel not sufficient cause; alleged illegality must be apparent on face of record; prejudice to respondents and interests of justice considered.
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25 July 2022 |
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Condonation granted for unpaid-salary claim due to continuing breach and custodial interruptions; matter remitted to CMA for merits.
Labour law – condonation/extension of time – limitation in salary claims – continuing breach doctrine – effect of custodial/remand periods and prosecutorial processes on delay – discretion to grant condonation and remit matter to CMA for merits determination.
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24 July 2022 |
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Whether an arbitrator may re-open a preliminary jurisdictional objection already decided by the same tribunal and contrary to a High Court order.
Administrative law; labour law – functus officio – re-opening of previously decided preliminary objections by same tribunal; compliance with superior court orders; limits of revision where prior orders have directed proceedings to continue on merits; procedural objections versus jurisdictional questions.
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22 July 2022 |
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Applicants failed to prove sufficient cause for condonation; delay unaccounted and alleged illegality not apparent on record.
Labour law — condonation for late referral — applicant must account for each day of delay and provide evidence of negotiations; illegality must be apparent on the face of the record to justify extension of time; procedural irregularities and submissions’ length do not automatically vitiate condonation decision.
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22 July 2022 |
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Applicant’s dismissal for involvement in bribery and failure to report was substantively and procedurally fair; revision dismissed.
Labour law – unfair termination – burden of proof on employer (s.39 ELRA); fair reason for dismissal – misconduct/ bribery and failure to report (s.37(2)); procedural fairness – investigation, suspension, show-cause, disciplinary hearing (GN No.42/2007 rules 9 & 13); disciplinary committee’s role – investigation and recommendation not final decision; review of CMA award – no merit.
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22 July 2022 |
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A defective CMA Form conflating termination and unfair labour practice led the High Court to set aside the CMA award and proceedings.
Labour law — Pleadings — CMA Form No. 1 defective for combining termination and unfair labour practice; Procedural irregularity — remedies for termination cannot be awarded where termination claim was dropped; Award set aside and CMA proceedings nullified; Leave to refile limited to unfair labour practice.
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22 July 2022 |
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Fixed-term contracts end on expiry; reasonable expectation of renewal requires objective evidence; CMA non-endorsement not fatal.
Labour law – fixed-term contracts – automatic termination on expiry; reasonable expectation of renewal requires objective basis (previous renewals insufficient); non-endorsement of exhibits at CMA not fatal where documents admitted without objection; issues framed from referral and opening statements do not constitute suo motu determination.
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22 July 2022 |
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CMA lacked jurisdiction over time‑barred employment claims filed without condonation; award nullified and set aside.
Labour law – limitation periods – Rule 10(2) & Rule 11 GN No. 64 of 2007 – failure to seek condonation – jurisdiction of CMA – time‑barred claims render award void; trial de novo inappropriate where tribunal lacked jurisdiction.
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22 July 2022 |
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Employer failed to prove operational retrenchment or comply with consultation rules; dismissal found substantively and procedurally unfair.
* Employment law – unfair termination – retrenchment for operational requirements – employer's burden to prove economic necessity and linkage to dismissal. * Labour procedure – statutory consultation and disclosure under s.38 Employment and Labour Relations Act and Rule 23 GN. No. 42 of 2007 – procedural and substantive obligations. * Evidence – submissions are not evidence; need for documentary/credible proof of hardship and selection criteria. * Relief – upholding CMA award for unfair dismissal (compensation).
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22 July 2022 |
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Revision dismissed: applicants bound by CMA pleadings; arbitrator properly found release agreements and payments extinguished claims.
Labour law – fixed-term contracts – early release agreements and payment for remaining period – pleadings and admissible evidence – inability to raise unpleaded claims on revision – submissions not evidence.
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22 July 2022 |
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An omnibus application combining extension of time and revision is incompetent and must be struck out; extension must be obtained first.
Labour procedure – omnibus applications – combining application for extension of time and application for revision – competency – extension must be obtained before filing revision; omnibus applications combining separately governed remedies are incompetent.
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22 July 2022 |
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Application for extension struck out because applicant lacked locus after changing name without obtaining leave of court.
Labour — Extension of time — Locus and party competence — Change of party name/substitution requires leave of court — Citing CRDB Bank Plc v Kilindi — Filing under new name without leave is fatal.
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22 July 2022 |
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Termination was substantively and procedurally unfair due to lack of proof and a biased disciplinary hearing.
Employment law – unfair dismissal – employer's burden under s.39 ELRA to prove valid reasons; procedural fairness – impartial chairperson required (G.N. No.42 Guideline 4(2), 4(7)); insufficiency of hearsay and uncorroborated evidence; remedies – s.40(1)(c) compensation and s.44(2) certificate of service.
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21 July 2022 |
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Court upheld dismissal as substantively and procedurally fair based on circumstantial evidence and prior hearing.
Labour law – dismissal for alleged theft – circumstantial evidence and CCTV – substantive fairness; procedural fairness – right to be heard vs denial of internal appeal; review of CMA award.
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20 July 2022 |
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Service of notice of intention to seek revision is not required for the applicant's extension-of-time application.
Labour procedure – preliminary objection – requirement to serve notice of intention to seek revision – applicability to extension of time applications – preliminary objection must raise a pure point of law (Mukisa Biscuit principle).
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20 July 2022 |
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Fixed-term employee unlawfully terminated; entitled to remaining contract pay and notice pay; severance not payable.
Labour law – Termination by agreement vs unfair termination – Fixed-term contracts – Automatic renewal – Entitlement to unexpired contract remuneration and notice pay – Severance pay not payable for fixed-term contracts under Section 43 ELRA – Remuneration includes allowances.
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20 July 2022 |
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Proceedings and award set aside where CMA failed to determine admissibility of a disputed termination document before deciding the case.
Evidence — Admissibility of documents — Disputed signatures/thumbs — Order for forensic examination — Procedural fairness and right to be heard — Proceedings and award nullified where admissibility not determined — Remittal to CMA.
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20 July 2022 |
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Retrenchment upheld: employees’ work was project‑dependent and retrenchment procedures and payments were proper.
Labour law – Retrenchment – substantive fairness where employment contingent on a client project – procedural fairness – consultation and notice – improperly filed supplementary affidavit struck out.
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20 July 2022 |
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Accused convicted of manslaughter after an unequivocal guilty plea; sentence reduced and remaining term conditionally discharged for good behaviour.
* Criminal law – Manslaughter – Plea of guilty – voluntariness and effect of unequivocal plea – conviction on plea.
* Evidence – Post-mortem report – cause of death (brain injury) supports manslaughter conviction.
* Sentencing – mitigation for first offender, early guilty plea, time in custody – application of reductions and conditional discharge.
* Self‑defence/necessity context – intervening to stop an armed, violent person considered in mitigation.
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20 July 2022 |
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Court granted extension to file revision, finding registry delay amounted to sufficient cause for the applicant's late filing.
* Extension of time – discretionary relief – requirement of sufficient cause – registry delay as reasonable cause.
* Civil procedure – filing and registration of documents – failure by registry to process filings may justify extension.
* Ex parte hearing – respondent served but absent.
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20 July 2022 |
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Extension of time denied where delay unaccounted, alleged illegality not apparent on record, and application was an afterthought.
Labour — Extension of time to institute revision — Need to account for each day of delay; illegality must be apparent on the face of the record to justify extension; mere chance of success or assertion of no prejudice is insufficient; inordinate delay and negligence defeat an extension application.
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19 July 2022 |
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Respondent's abusive language justified dismissal substantively, but procedural defects reduced compensation to six months.
* Labour law – unfair dismissal – distinction between substantive fairness (valid reason) and procedural fairness (right to be heard).
* Misconduct – abusive language and threat ("mjinga", "nitakufanya kitu kibaya") as serious misconduct justifying dismissal.
* Procedural fairness – requirement to inform employee of all charges; breach of natural justice vitiates procedure.
* Remedies – reduction of compensation where termination substantively justified but procedure defective.
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19 July 2022 |
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Extension of time granted due to technical delay and arguable illegality regarding probationary employees' entitlement.
Labour law — extension of time to file appeal; technical delay (struck out appeal) — Fortunatus Masha; apparent illegality on face of record — probationary employment, applicability of s.35 and s.40(1)(c) Employment and Labour Relations Act; appellate discretion to extend time.
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19 July 2022 |
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Failure to administer oath or affirmation at CMA nullifies proceedings and requires a rehearing before a different arbitrator.
Labour law – arbitration procedure; administration of oath/affirmation mandatory; arbitrator’s power under s.20(1)(c) and Rule 19(2); Oaths and Statutory Declarations Act s.4(a) and Rule 25(1); procedural irregularity—nullification and trial de novo.
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19 July 2022 |
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An ex-parte arbitration award may be set aside where the absent party proves sufficient cause, such as bereavement.
Labour law – Arbitration – Ex-parte hearing under s.88(8)(a) ELRA – Setting aside ex-parte award – Sufficient cause and bereavement – Right to be heard – Remittal for inter-partes hearing.
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19 July 2022 |
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Where locus-in-quo procedures and evidence are defective, ownership/boundary disputes require retrial with fuller pleadings.
Land law – boundary and ownership disputes; locus in quo inspections – proper procedure and evidential weight; insufficiency of evidence where key witnesses absent; retrial warranted where tribunal’s procedures and findings are defective.
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17 July 2022 |
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Applicant's post-dismissal extension application was an abuse of process; court dismissed it and awarded costs.
Labour procedure — extension of time after dismissal — court lacks jurisdiction to extend time once revision dismissed as time-barred; abuse of process — multiple refilings and successive extension applications; costs — s.50(7) Labour Institutions Act allows costs where proceedings are frivolous or vexatious; preliminary objections — other grounds not decided once primary objection sustained.
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15 July 2022 |
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Court held submissions are not evidence and granted condonation based on uncontroverted medical evidence, remitting the dispute to the CMA.
Labour law – condonation for late filing – requirement to account for delay; Evidence – submissions from the bar are not evidence; Procedural law – absence of counter‑affidavit leaves affidavit evidence uncontroverted; Judicial discretion – granting condonation where sickness and medical reports justify delay.
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15 July 2022 |
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A probationary termination bars entitlement to remaining fixed-term compensation; parties are bound by their CMA pleadings.
* Employment law – Probation – Termination during probation – Confirmation is not automatic; termination during probation bars entitlement to contractual remainder compensation.
* Labour procedure – Pleadings – Parties are bound by their CMA pleadings and cannot change the basis of dispute at revision.
* Procedural fairness – Rule 10 GN. No. 42/2007 – Claimant must plead unfair labour practice relating to probation to rely on Rule 10 remedies.
* Evidence evaluation – Court will not fault arbitrator absent mis-evaluation on the record.
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15 July 2022 |
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Procedural failures (no oaths, improper reassignment, inadmissible exhibits) vitiated CMA proceedings; award quashed and rehearing ordered.
Labour law — procedural fairness — mandatory oath/affirmation for witnesses; arbitration reassignment without reasons or Commission consent; failure to allow party to comment on documentary exhibits — proceedings nullified and award set aside; order for rehearing before different arbitrator.
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15 July 2022 |
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Evidence failed to prove termination; CMA award quashed despite exhibit's admissibility.
Labour law – unfair termination – admissibility vs probative value of electronic evidence – authentication under Electronic Transactions Act – estoppel for failure to object – requirement of proof of termination before award.
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15 July 2022 |
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Fixed‑term employee unfairly terminated; re‑engagement inappropriate, court awards pay for remaining contract period.
Employment law – fixed‑term contract – unfair termination – hearsay evidence – procedural fairness – bias/pre‑determination at disciplinary hearing – remedy: compensation for unexpired fixed‑term rather than re‑engagement.
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15 July 2022 |
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Appellant failed to prove competing ownership; respondent’s allocation and uninterrupted possession upheld, appeal dismissed with costs.
* Land law – ownership dispute – allocation by family head v. claim of estate ownership.* Civil evidence – burden of proof under s.110 Evidence Act; standard on balance of probabilities (s.3(2)(b)).* Hearsay – weight and insufficiency to prove ownership in absence of direct evidence.* Possession – peaceful uninterrupted occupation as evidential weight.* Appellate review – tribunal's factual findings upheld where evidence favored respondent.
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15 July 2022 |
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Dismissal for insubordination to an acting manager was substantively and procedurally fair; revision dismissed.
Employment law – unfair dismissal – insubordination to an acting manager; validity of acting authority despite permit limitations; disciplinary procedure – Rule 13 G.N. No. 42/2007 – notice and properly constituted committee; revision of CMA award on grounds of substantive and procedural unfairness.
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15 July 2022 |
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Dismissal for alleged gross dishonesty was substantively unfair where employer’s code prescribed a warning for a first offence.
Labour law – unfair termination – gross dishonesty – proof of misconduct under s.39 ELRA and Rule 12(3)(a) Code of Good Practice – employer’s Code of Conduct governing sanctions – proportionality of dismissal – admissibility/weight of SMS admission.
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15 July 2022 |
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Retrenchment without personal consultation of a non-union managerial employee was procedurally unfair; CMA compensation upheld.
* Labour law – Retrenchment – statutory duty to consult – Section 38(1)(d) ELRA – personal consultation required where employee not represented by registered trade union.
* Employment relations – managerial staff – non-union status – employer’s consultation obligations.
* Remedies – procedural unfairness – compensation for failure to consult – CMA award upheld.
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15 July 2022 |
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Whether compensation for unfair termination should be calculated from the contract-stated net salary or from basic wage under ELRA.
Labour law – unfair termination – compensation for unexpired term – calculation of wages versus allowances – interpretation of employment contract – s.4 Employment and Labour Relations Act.
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14 July 2022 |