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Citation
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Judgment date
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| November 2023 |
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Revision improper; appeal under Workers' Compensation Act required and Board of Trustees is a necessary party.
Workers' compensation — procedure — conflict between statutory appeal (s.80(2) Workers' Compensation Act) and subsidiary regulation (Reg.29(3)) — principal Act prevails; Necessary party — Board of Trustees of Workers Compensation Fund must be joined where Fund liabilities are affected; Representation — notice must be signed by the party (Rule 43); Form and service requirements — compliance with Rule 24 (notice) and Rule 46 (index/pagination) required though some defects may be curable under overriding objective; Remedy — strike out (not dismissal) to permit proper refiling.
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30 November 2023 |
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Applicant who accepted retrenchment package is estopped from challenging retrenchment's validity and procedures.
Employment law – retrenchment – substantive fairness (operational requirements/losses) – procedural fairness – consultation and acceptance of retrenchment package – issue estoppel – requirement to pursue mediation under s.38 Employment and Labour Relations Act – arbitrator's reliance on oral evidence.
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29 November 2023 |
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Fixed-term contract expired by its terms; arbitrator erred by deciding unpleaded legitimate-expectation issue and award was quashed.
Employment law – fixed-term contract – renewal only by mutual agreement – contract expires automatically on expiry date (Rule 4(2) GN. No. 42/2007). Employment law – notice of non-renewal is not necessarily termination; may be a courtesy where expiry date known. Civil procedure – arbitrator raising unpleaded issues suo motu – duty to afford parties opportunity to be heard; decision-maker bound by pleadings. Remedies – reinstatement and back pay inappropriate where contract expired by effluxion of time and unfair termination not proved.
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29 November 2023 |
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An improperly signed clarification application led an arbitrator to exceed jurisdiction by revising, not clarifying, a CMA award.
Labour law – CMA procedure – Notice of application must be signed by the party (Rule 29 GN. No.64 of 2007); Clarification of award is distinct from revision or calculation; Arbitrator lacks jurisdiction to revise fellow arbitrator’s award or assume executing officer’s functions.
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29 November 2023 |
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Sickness inadequately proven and negotiations do not suspend limitation; condonation refused and revision dismissed.
Labour law – condonation of time for filing unfair termination disputes; sickness as ground for extension – requirements for evidence; duty to account for each day of delay (Lyamuya principle); pre‑court negotiations do not stop running of limitation period.
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28 November 2023 |
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Affidavit attested abroad by an advocate not authorised under Tanzanian law is defective; application struck out.
Notaries and commissioners for oaths – Foreign attestation – Jurat – Cap 12 R.E. 2019 – Foreign advocate has no automatic right to practise as notary/commissioner for oaths in Tanzania – Authentication of foreign affidavits by Registrar required.
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28 November 2023 |
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28 November 2023 |
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24 November 2023 |
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Technical delay and prompt action justified 14-day extension to file CMA F10 for intended revision.
Labour law – extension of time – notice of intention to seek revision (CMA F10) – Regulation 34(1) GN No.47 of 2017 – mandatory forms – technical delay where original revision filed in time – promptness and prevention of double punishment – illegality issue reserved for revision.
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17 November 2023 |
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Alleged illegality of termination and non-payment of terminal benefits justified extension of time despite inordinate delay.
Labour law – condonation/extension of time – when alleged illegality (e.g., unlawful termination and non-payment of terminal benefits) justifies extension despite inordinate delay. Procedure – right to be heard – arbitrator must consider substantive allegations and reasons for delay. Precedents – Lyamuya (accounting for delay) and Valambia (duty to investigate alleged illegality).
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17 November 2023 |
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Fixed-term contract renewed by default where employee continued working and was paid; CMA award varied, leave claim disallowed.
Labour law – Fixed-term contracts – automatic (default) renewal where employee continues working after expiry and is remunerated. Evidence – admissibility and inference: non-admission of bank statement does not preclude drawing inference from other evidence and parties' conduct. Statutory guidance – Rule 4(3) GN 42/2007 and s.61 Labour Institutions Act factors for establishing employment relationship. Remedies – variation (not quash) of CMA award where a component (leave allowance) lacks proof; reduction of award accordingly. Procedural – High Court may exercise revisional jurisdiction to vary CMA awards when grounds are established.
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17 November 2023 |
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Adjudicator may decide extension applications; a death certificate alone does not prove sufficient cause for late filing.
Labour — Extension of time — Jurisdiction of adjudicator under T.S. No.64/2004 — Sufficiency of cause — Death certificate alone insufficient to prove caregiver-related delay — Burden to explain each day of delay and produce corroborative evidence.
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15 November 2023 |
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A challenge to the CMA's grant of condonation is interlocutory and premature for revision; file remitted to CMA.
Labour law — Condonation at CMA — Interlocutory order — Revision premature — Rule 12(1)(2)(c) GN. No.64/2007; Rule 50 Labour Court Rules — Test: does order finally dispose of parties' rights?
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14 November 2023 |
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CMA award of unpaid salaries for alleged sickness/abscondment quashed for absence of medical proof and evidential basis.
Labour law – absenteeism and entitlement to sick pay; Section 32 ELRA – requirement of medical certificate for sick leave protection; GN. No. 42/2007 Rule 13(6) – disciplinary hearing in employee’s absence; distinction between withholding salary and lawful deduction (Section 28); review of CMA award for lack of evidential basis.
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14 November 2023 |
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Court quashed CMA award, finding the respondent’s termination substantively and procedurally fair for serious negligence.
Employment law – unfair dismissal – substantive fairness – serious negligence in preparing invoice advice and releasing containers without full payment. Employment law – procedural fairness – notice, hearing, admission at disciplinary hearing, and requirement (or not) for prior investigation. Review of arbitral award – superior court interference where lower tribunal misapplies law or discretion. Interpretation and application of GN No. 42 of 2007 (Code of Good Practices) and employer code of conduct.
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14 November 2023 |
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A registered union’s statutory right to enter workplace for recruitment and meetings is enforceable; fines must be imposed by lower courts.
Labour law – Trade union organizational rights – s.60 ELRA – right to enter employer premises to recruit, communicate and hold meetings; notice under s.64 (TUF14). Compliance and obstruction – Employer’s unjustified refusal to allow union access unlawful. Jurisdiction – Imposition of statutory penalties under ELRA reserved to District/Resident Magistrate’s Courts (s.102(1)).
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10 November 2023 |
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A CMA grant of condonation is interlocutory; revision must await final determination of the substantive dispute.
Labour law – Condonation for late referral to CMA – Whether condonation decision is interlocutory or final – Rule 50 Labour Court Rules – Section 86 ELRA – Avoidance of piecemeal litigation and promotion of expeditious labour dispute resolution.
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10 November 2023 |
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CMA Ilala lacked territorial jurisdiction because the cause of action arose in Mwanza; the CMA award is nullified.
Labour law – territorial jurisdiction of CMA – cause of action must be determined by locus where misconduct and supporting evidence arose; referral must be filed at CMA office responsible for that area unless the Commission directs otherwise – disciplinary venue at employer’s Head Office does not shift territorial jurisdiction.
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10 November 2023 |
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A CMA order granting condonation is interlocutory and not subject to revision until final determination.
Labour law – condonation – CMA condonation orders treated as interlocutory and not subject to revision before final determination – Rule 11(2) GN No. 64/2007 – Rule 50 LCR – objectives of speedy and inexpensive labour dispute resolution; right to be heard.
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9 November 2023 |
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8 November 2023 |
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Alleged illegality does not automatically justify a five-year extension; applicant must account for all delay and show diligence.
Civil procedure – extension of time – applications to lodge notice of appeal – principles from Lyamuya and Valambhia – illegality must be apparent on the face of record. Delay – applicant must account for all days of delay; delay must not be inordinate; must show diligence. Conduct – pursuing multiple remedies and withholding material facts may defeat an extension of time.
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7 November 2023 |
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Applicant's re‑enrolment of execution dismissed as time‑barred under Item 21 Part III of the Law of Limitation.
Labour procedure — re‑enrolment of execution — absence of prescribed time limit in labour rules — recourse to general limitation law under Rule 55 LCR. Law of Limitation Act — Item 21 Part III — 60‑day limitation for actions where no period provided. Limitation as jurisdictional bar — time‑barred applications to be dismissed; no sympathy or equity applies. Remedy for late filing — dismissal under the Law of Limitation Act (s.3(1)).
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7 November 2023 |
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Proceedings where a tribunal hears merits before deciding a timely preliminary objection on limitation are null and must be remitted for retrial.
Labour law — Procedural law — Preliminary objections — Time limitation — A tribunal must determine preliminary points of objection (including limitation) before hearing merits; failure to do so renders proceedings and decision nullity and warrants remittal for retrial before a different arbitrator.
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7 November 2023 |
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Court upheld lifting of corporate veil and ordered applicant’s detention to enforce unpaid decretal sum.
Company law – lifting corporate veil – directors’ liability where company refuses to honour decretal award; Civil procedure – execution by arrest and detention under Sections 42, 44 and Order XXI of the Civil Procedure Code – requirements for show-cause summons and committal; Joinder/name error – curability and appellate remedy; Execution practice – when piercing corporate veil is appropriate to satisfy judgment.
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3 November 2023 |