|
Citation
|
Judgment date
|
| August 2022 |
|
|
The Court held the termination date was extended to late February 2020, so the CMA referral was timely and the CMA award is set aside.
* Labour law – termination date – effect of employer’s post‑notice conduct/letter extending handover and salary; determination of actual date of termination.
* Limitation – Regulation 10(1) Labour Institutions (Mediation and Arbitration) Rules 2007 – counting 30-day referral period from effective date employer made final decision/termination.
* Procedure – appropriateness of CMA arbitrator raising limitation suo motu after hearing; remittal to CMA for adjudication on merits.
* Civil procedure – revision – setting aside award and remitting record for fresh determination by another arbitrator.
|
31 August 2022 |
|
Non-renewal of a fixed-term contract at expiry is not unfair termination absent an established expectation of renewal.
* Employment law – Fixed-term contracts – automatic termination on expiry – non-renewal not equivalent to dismissal unless expectation of renewal established. * Labour procedure – CMA award review – arbitrator misconceived facts by treating non-renewal as dismissal. * Remedies – unfair termination remedies not available where contract expires; breach remedies relate to remaining contract period.
|
31 August 2022 |
|
Employer's failure to prove abscondment or take disciplinary action rendered the dismissal unfair; CMA award upheld.
* Labour law – unfair termination – employer's duty to take disciplinary/legal action for unexplained absence exceeding five days; burden of proof rests on employer to prove abscondment.
* Evidence – absence of documentary proof (warning letter, salary slip) supports upholding CMA finding.
* Review – High Court will not revise CMA award where employer fails to rebut employee's claim of unfair termination.
|
31 August 2022 |
|
Court quashed CMA's refusal of condonation, finding delay not inordinate and alleged illegality a sufficient cause for extension.
* Labour law – condonation for late filing – Rules 10, 11 and 31, Labour Institutions (Mediation and Arbitration) Rules, G.N. No. 64 of 2007 – requirements to account for each day of delay. * Extension of time – Lyamuya principles – delay not inordinate, diligence, and existence of illegality as sufficient cause. * Procedural fairness – right to be heard (alleged illegality of suspension and termination) as material to condonation. * Revision – High Court quashes CMA refusal and remits matter for hearing on merits.
|
31 August 2022 |
|
Employer failed to prove valid and fair termination; dismissal upheld and compensation reduced to 12 months.
* Labour law – unfair termination – burden on employer to prove valid reason and fair procedure for dismissal; * Dispute resolution – mediation timeline under s.86(4) ELRA – delay beyond 30 days not automatically fatal; * Procedural irregularity – change of arbitrator without recorded reasons not fatal absent shown prejudice; * Compensation – appellate reduction of excessive CMA award to 12 months’ remuneration.
|
31 August 2022 |
|
Failure to administer oath and record full witness names at CMA vitiates proceedings and mandates rehearing.
Labour law – CMA proceedings – mandatory administration of oath/affirmation to witnesses – failure vitiates proceedings; Witness identification – failure to record full names fatal; Award quashed and matter remitted for rehearing before a different arbitrator.
|
30 August 2022 |
|
|
30 August 2022 |
|
Applicant’s unexplained absence deemed abscondence/self‑termination; no unfair termination proved, revision dismissed.
* Employment law – unfair termination – burden to prove termination – insufficiency of evidence to prove employer‑initiated termination.
* Employment law – abscondence/self‑termination – unexplained prolonged absence may constitute resignation by conduct.
* Suspension pending criminal investigation – requirement of full pay under Code of Good Practice does not supplant need to prove formal suspension or employer action.
* Procedural review – High Court will not disturb CMA award absent error in analysis or insufficiency of evidence.
|
30 August 2022 |
|
Employer failed to prove statutory consultation for COVID‑19 retrenchments; termination found procedurally and substantively unfair.
* Employment law – Retrenchment – Requirement for meaningful consultation and disclosure under s.38 ELRA and Rule 23 Code of Good Practice; * Procedural fairness – need for documentary proof (minutes/records) of negotiations; * Evidence – limits of sole reliance on oral testimony where statutory consultation required; * COVID‑19 – economic hardship must be substantiated for lawful retrenchment.
|
29 August 2022 |
|
Employer failed to prove misconduct or follow procedure; dismissal unfair and twelve months' pay awarded (adjusted).
* Employment law – unfair dismissal – requirement for employer to prove misconduct and compliance with disciplinary procedure; insufficient evidence of theft and insubordination.
* Employment law – probation – employer’s duty to produce written contract; absence of contract shifts burden to employer to prove employment terms.
* Labour procedure – disciplinary action during pending criminal proceedings – limitations under statute rendering dismissal unlawful.
* Remedies – compensation for unfair dismissal – twelve months' salary and proper salary basis for calculation.
|
29 August 2022 |
|
Court found termination unfair, rejected automatic termination, and varied award to correct arrears and contract‑breach compensation.
Labour law – unfair termination – retrenchment and operational requirements – automatic termination (Rule 5(1) Code) – fixed‑term contract breach – calculation of salary arrears and compensation.
|
29 August 2022 |
|
Employer failed to prove fixed-term contracts or lawful dismissal; CMA’s unfair-dismissal award was upheld and appeal dismissed.
* Labour law – unfair dismissal – employer’s burden to prove lawful termination and terms of employment – absence of written contracts or proof of contract duration strengthens finding of unfair dismissal. * Fixed-term contracts – proof of start and end dates required to limit compensation to unexpired term. * Evidence – employer must produce material evidence to rebut CMA findings. * Remedies – compensation for unfair dismissal where procedural requirements not met.
|
29 August 2022 |
|
Applicant failed to show material irregularity; CMA award upholding dismissal for alleged luggage-related misconduct stands.
* Labour law — unfair termination — revision of CMA award — requirement to show material irregularity or lack of reasonable grounds for arbitration award.
* Burden of proof — employer's duty to prove fairness of termination under ELRA; use of investigation report and CCTV evidence.
* Procedural fairness — failure to impugn disciplinary procedure undermines revision application.
* Aviation/carriage regulations — misuse of passenger baggage tags as misconduct justification.
|
29 August 2022 |
|
Sleeping on duty by a security guard is misconduct, but dismissal for a first offence was disproportionate; compensation reduced to six months.
Labour law – Misconduct – Sleeping on duty by security guard as valid reason for discipline – Proportionality of dismissal as sanction – Review and variation of CMA compensation award.
|
29 August 2022 |
|
Whether a fixed-term contract’s stated duration, not months served, determines protection against unfair termination.
Labour law — Fixed-term contracts — Interpretation of contract duration versus months served — Section 35 Employment and Labour Relations Act — Procedural requirements for early termination of fixed-term contracts — Code of Good Practice (G.N. No. 42 of 2007) rule 8.
|
26 August 2022 |
|
A foreign national's employment contract conflicting with permit conditions is void; both parties must secure work permits.
* Employment law – foreign workers – requirement of residence and work permit – validity, duration and conditions of permit govern right to work.
* Contract law – agreements contrary to statutory requirements – contracts unenforceable by law are void ab initio.
* Labour procedure – effect of lack of legal competence to work on remedies from labour institutions.
* Statutory obligation – both employer and employee obliged to obtain permit; contravention criminalized.
|
26 August 2022 |
|
Revision dismissed; CMA award upheld—salary fixed by written contract, NSSF issues not entertained, no severance without 12 months' service.
Labour law – revision of CMA award; admissibility of new issues on revision; evidentiary value of written employment contract versus NSSF contributions; severance pay entitlement requires 12 months continuous service under ELRA section 42.
|
26 August 2022 |
|
Unread admitted documentary evidence must be expunged; remaining evidence must prove the offence beyond reasonable doubt.
Criminal procedure – Documentary exhibits admitted but not read aloud – requirement to read contents; expunction of exhibits; burden of proof – prosecution must prove guilt beyond reasonable doubt; procedural irregularities as ground for nullifying proceedings and quashing conviction.
|
26 August 2022 |
|
Termination for unauthorised absenteeism held substantively fair but procedurally unfair; applicant awarded one month's salary.
Employment law – unfair termination – absenteeism exceeding five consecutive days can constitute fair substantive reason for dismissal; disciplinary fairness – employer must adduce evidence and call witnesses at hearing per Rule 13(5) GN. No. 42 of 2007; where procedure is unfair, compensation may be awarded despite substantive fairness.
|
26 August 2022 |
|
Extension to set aside an ex parte award requires accounting for each day of delay; negligence does not justify condonation.
Labour — extension of time to set aside ex parte award — Rule 31 (Labour Institutions Rules) — Limitation Act 30-day period — requirement to account for each day of delay — negligence vs good cause — illegality must appear on the face of the record.
|
26 August 2022 |
|
Court granted extension of time, finding delay technical from electronic filing and court administrative errors rather than applicant negligence.
* Labour procedure – extension of time – Rule 56(1) LCR – discretion exercised upon sufficient cause shown.
* Sufficient cause – technical delay caused by electronic filing/system errors and court administrative directions.
* Promptness and diligence – initial timely filing followed by repeated withdrawals/refilings due to system and procedural requirements.
* Distinction between technical delay attributable to court/system and delay caused by applicant’s negligence.
|
26 August 2022 |
|
|
26 August 2022 |
|
CMA Ilala had jurisdiction; termination for refusal to work Saturdays was substantively and procedurally fair, arbitrator’s award unjustified.
* Labour law – territorial jurisdiction of CMA – venue of mediation/arbitration and timing of jurisdictional objections.
* Employment law – unfair termination – absenteeism for religious reasons versus contractual obligation to work Saturdays.
* Procedural fairness – disciplinary procedure, investigation requirement, and right to be heard.
* Remedies – entitlement to reinstatement/compensation under section 40 ELRA and review of CMA awards.
|
25 August 2022 |
|
Revision dismissed as time-barred for lacking leave to file beyond the statutory six-week period.
Labour law — Revision of CMA award — Limitation period under section 91(1) ELRA — Leave to file out of time — Time-barred application.
|
25 August 2022 |
|
Working past a fixed-term expiry may create renewal expectation, but under-six-months' service limits compensation.
Employment law – fixed-term contracts – expectation of renewal where employee works beyond expiry (GN No. 42/2007 rule 4(3)); unfair termination remedies and section 35 exclusion for employees with under six months’ service; substitution of CMA award from statutory 12 months to unexpired term.
|
25 August 2022 |
|
Prolonged employee absence and employer inaction can support finding of oral termination and justify reinstatement.
Labour law – unfair termination; jurisdiction of CMA; premature claims; oral termination inferred from prolonged absence and employer inaction; reinstatement and back pay; arbitrator's discretion under s.40(1) Cap 366.
|
25 August 2022 |
|
Direct witness proof of resignation rendered the CMA referral time‑barred; award nullified for lack of jurisdiction.
Labour law – resignation vs unfair termination – proof of authorship of documents by witness who saw writing – doctrine of misnomer/finger litigation – time limits for referral to CMA and jurisdictional consequences of filing out of time without condonation.
|
25 August 2022 |
|
A time-barred revision cannot be withdrawn to circumvent a competence objection; time limits go to the court’s jurisdiction.
Labour law — Revision proceedings — Time limitation under s.91(1)(a) ELRA (42 days) — Competence — Time bar goes to jurisdiction — Withdrawal of time-barred application to refile for extension disallowed.
|
25 August 2022 |
|
A prior strike-out for being time-barred is a final determination and bars refiling under res judicata.
* Civil procedure – res judicata – application previously struck out as time-barred – effect on refiling; application for representative suit; Section 9 Civil Procedure Code; preliminary objection on jurisdiction.
|
25 August 2022 |
|
High Court lacks jurisdiction to revise a Deputy Registrar's execution order; remedy lies by reference, not revision.
Labour law – execution proceedings – jurisdiction – revisability of Deputy Registrar's decisions; procedural remedies – reference under Order XLI Rule 1/CPC and Rule 55(1) Labour Court Rules; dismissal for want of jurisdiction versus striking out; execution costs and form CC.10 issues not reached.
|
24 August 2022 |
|
Failure to administer oath to CMA witnesses vitiated proceedings; award quashed and matter remitted for rehearing.
Labour law – Evidence at CMA – Failure to administer oath or affirmation to witnesses – Mandatory under Rule 25(1) and Oaths Act – Omission vitiates CMA proceedings – Award quashed and matter remitted for de novo hearing.
|
24 August 2022 |
|
CMA lacked jurisdiction because TAZARA employees are public servants required to exhaust PSA remedies before labour claims.
* Labour jurisdiction – public corporations – Whether employees of a statutory public corporation are 'public servants' under the Public Service Act. * Public Service Act s.32A – mandatory exhaustion of administrative remedies before invoking labour law forums. * Effect of statutory staff regulations – do not displace PSA where entity performs public service and is statute-established. * Jurisdiction – CMA deprived of jurisdiction where PSA remedies not exhausted.
|
24 August 2022 |
|
Operational losses justified retrenchment but failure to consult rendered it procedurally unfair; reduced compensation ordered.
* Labour law — Retrenchment — Substantive fairness: operational requirements justified by employer's financial losses (Rule 23(1)); * Labour law — Retrenchment — Procedural fairness: statutory consultation and disclosure requirements under section 38 not discharged; * Evidence — Onus on employer to prove fairness (s.39); * Remedies — Reduced compensation where termination is substantively fair but procedurally unfair; * Authority applied: Felician Rutwaza v World Vision Tanzania (compensation reduction).
|
24 August 2022 |
|
Termination for unpaid children's school fees without investigation was substantively and procedurally unfair; award revised and compensation ordered.
Labour law – termination – employer must prove valid reason related to conduct/capacity and follow fair procedure (s.37 ELRA; GN. No.42 Rule 13). Submissions are not evidence; omission of closing arguments absent prejudice does not invalidate an award (GN. No.67 Rules 25,27). Hearsay insufficient to prove misconduct; alleged non-payment of children’s school fees is not per se a valid employment-related misconduct.
|
24 August 2022 |
|
|
24 August 2022 |
|
Applicant’s challenge to retrenchment dismissed where respondent proved economic need and complied with consultation and payment obligations.
* Labour law – Retrenchment – operational requirements (economic grounds) and evidentiary proof; * Labour law – Procedure – duty to give notice, disclose relevant information and consult (s.38 Employment and Labour Relations Act; GN No. 42 of 2007); * Selection criteria – fairness of selection method and effect of payment/acceptance on challenge to retrenchment; * Burden of proof – financial records and consultation evidence justify lawful retrenchment.
|
24 August 2022 |
|
An application to set aside a compromise court order filed after the 15‑day Rule 38 period is time‑barred and dismissed.
Labour procedure – setting aside consent/compromise decree – Rule 38(1) & (2) GN. No. 106 of 2007 – 15‑day limitation from date of knowledge – time‑bar; preliminary objection – competency of omnibus applications; jurisdictional challenge.
|
23 August 2022 |
|
|
22 August 2022 |
|
|
22 August 2022 |
|
|
22 August 2022 |
|
Resignation given in police custody after employer visit was involuntary, amounting to constructive termination and entitling applicants to compensation.
Labour law – constructive termination — resignation signed in police custody after employer visit — coercion and inducement can render resignation involuntary; remedies for unfair termination (36 months’ compensation and severance).
|
22 August 2022 |
|
Applicant’s admission established substantive reason for dismissal, but lack of investigation and hearing made termination procedurally unfair.
Labour law – termination – substantive fairness established by employee’s admission – procedural fairness requires investigation and disciplinary hearing; closing arguments are not evidence; Rule 26 & Rule 27 GN. No.67/2007; Rule 13 GN. No.42/2007; Section 37 and Section 42(3)(b) Cap.366 R.E.2019.
|
22 August 2022 |
|
Procedural failure to specify the breached rule vitiated termination despite valid misconduct; CMA award upheld for unfair procedure.
Labour law – disciplinary proceedings – language of hearing – availability of translator and employee participation; substantive reason for termination (theft/negligence) vs procedural fairness – need to inform employee of specific rule breached; arbitrator raising new issues suo motu; breach of fixed-term contract turning into unfair termination remedy; compensation for remaining contract period.
|
22 August 2022 |
|
An applicant cannot rely on constructive dismissal at hearing when the CMA form did not plead fairness of termination.
* Labour law – Constructive dismissal/forced resignation – requirement to plead fairness of termination under Part E and section 36 of Cap. 366 R.E. 2019. * Civil procedure – Parties bound by pleadings – inability to advance a different cause at trial without amendment. * Employment law – Fairness of termination requires proof of valid reason and fair procedure (section 37). * Pleading defects – Incompetence of CMA claim where Part B/E not completed for termination claims.
|
22 August 2022 |
|
Court granted condonation where mediator dismissed application without respondent’s counter-affidavit and miscomputed limitation period.
Labour law – limitation period for unfair termination claims; Rule 4 GN No. 64/2007 – exclusion of termination date; condonation – sufficiency of reasons (illness/technical delay); evidentiary requirement – necessity of counter-affidavit to rebut affidavit; appellate review – mediator’s reliance on submissions versus evidence.
|
22 August 2022 |
|
CMA misapplied unfair-termination protections to a probationary employee; High Court quashed the award.
Employment law – Probationary employment – Termination during probation – Applicability of Part B of CMA Form 1 – Section 35 exclusion for employees with less than six months' service – Misapplication of protections for confirmed employees.
|
19 August 2022 |
|
Applicant failed to show good cause or illegality; court dismissed application for extension of time due to hearsay and abuse of process.
* Labour law – extension of time to apply for restoration and revision of arbitral award; requirement to show good cause; distinction between irregularity and illegality.
* Evidence – affidavits and counter-affidavits as substitutes for oral evidence; submissions not in affidavit are hearsay.
* Civil procedure – abuse of court process and delay as ground for refusal of extension of time.
* Practice – necessity of affidavit from third persons named in pleadings (e.g., defaulting advocate) to avoid hearsay.
|
19 August 2022 |
|
Dispute over whether a signed one-year fixed-term contract was varied to two years by unsigned emails; arbitrator's award partly quashed.
Fixed-term employment contracts — contract duration established by signed written agreement — unsigned/unauthenticated emails cannot vary a signed contract; notice of non-renewal ends contract at expiry; award for unproven remaining term quashed; award for unpaid salary upheld.
|
19 August 2022 |
|
Applicant confirmed after probation; dismissal for failed salary negotiations was substantively unfair, awarding pay for unexpired contract and notice.
Labour law – unfair termination – effect of continued employment after probation – fixed‑term contract – entitlement to unexpired contract salary and notice pay when dismissal is substantively unfair.
|
19 August 2022 |
|
Resignation takes effect from its stated date; respondent failed to prove constructive dismissal, CMA award largely quashed.
Employment law – Constructive dismissal – Requirements for constructive termination (resignation, intolerability, employer causation) – Resignation effective from date stated; no duty on employer to accept in writing – Newspaper publication of cessation not necessarily unfair termination.
|
19 August 2022 |