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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.

14 judgments
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14 judgments
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December 2023
Eseko Mafuru vs Yara Tanzania Limited (Revision Application No. 224 of 2023) [2023] TZHCLD 1509 (15 December 2023)
Employer failed to prove gross negligence; termination was unfair and compensation plus severance awarded to applicant.
Labour law – unfair termination – employer's burden to prove fairness (s.39 ELRA) – insufficiency of undated/untendered investigation report – entitlement to compensation (12 months) and severance (s.42 ELRA) – certificate of service (s.44(2) ELRA).
 15 December 2023
Abbas Ally Nyabwa vs Hesu Investment Limited (Revision Application No. 281 of 2023) [2023] TZHCLD 1510 (14 December 2023)
Termination found substantively and procedurally unfair; applicant awarded notice pay and remaining fixed-term salary.
Labour law – unfair termination – substantive and procedural fairness; fixed-term contract – compensation for unexpired period; disciplinary procedure – proof of convening and conduct of hearing; admissibility of secondary/ amended termination letters.
 14 December 2023
Mfaume Salum Lwaupa vs Prime Fuels Tanzania Limited (Revision No. 222 of 2023) [2023] TZHCLD 1507 (14 December 2023)
Failure to allow objection to exhibits at CMA denied right to be heard, vitiating proceedings and requiring retrial de novo.
Labour law – Admissibility of evidence – Exhibits must be formally tendered and parties given opportunity to object – Failure to afford right to comment vitiates CMA proceedings – Award quashed and retrial de novo ordered.
 14 December 2023
Peter Mpoto vs The Registered Trustee of Anglican Church Diocese of Dar es Salaam (Revision No. 213 of 2023) [2023] TZHCLD 1508 (14 December 2023)
Court records and enforces parties’ settlement in a labour revision application as a consent judgment enforceable as a decree.
Labour law — Revision proceedings — Consent judgment — Court recording and enforcement of parties’ settlement; incorporation of payment, vacation of premises and withdrawal of related land proceedings into decree.
 14 December 2023
A-One Products & Bottlers Ltd vs Cuthbert C. Masalago (Miscellaneous Application No. 272 of 2023) [2023] TZHCLD 1506 (13 December 2023)
Failure to file mandatory CMA F10 within the revision timeframe rendered the extension application incompetent and it was struck out.
Labour procedure — mandatory precondition to revision — Notice to seek Revision (CMA F10) must be filed at CMA within the 42-day revision period; GN. No. 47 of 2017 (Rule 34) governs CMA F10; Rule 29 GN. No. 64 of 2007 inapplicable; failure to file timely CMA F10 renders revision proceedings incompetent — remedy: strike out.
 13 December 2023
Coca Cola Kwanza Ltd vs Innocent William Mlay (Revision Application No. 250 of 2023) [2023] TZHCLD 1513 (12 December 2023)
Employer proved dishonesty but procedural unfairness warranted reduced compensation and quashing of large nominal damages.
Labour law – unfair termination – employer proved misconduct (dishonesty) on balance of probabilities via WhatsApp and documentary evidence. Standard of proof – civil/balance of probabilities applies; CMA erred by requiring higher standard and expert to interpret symbol '/='. Procedural fairness – failure to serve investigation report before hearing breaches natural justice but investigator’s impartiality must be proved. Remedies – where substantive misconduct proved but procedural lapse exists, compensation may be reduced; excessive and unsupported nominal damages quashed.
 12 December 2023
Muhammad Tahir vs Harleys (T) Limited (Labour Revision No. 261 of 2023) [2023] TZHCLD 1512 (12 December 2023)
Applicant’s condonation was dismissed for failure to account 39 days’ delay; alleged illegality not apparent on the record.
Labour law – condonation for late referral – Rule 10(2) GN. No. 64/2007 (60-day limit for other disputes); requirements for extension of time (Lyamuya factors); illegality as ground for extension must be apparent on the face of the record; continuous breach not a substitute for accounting for delay.
 12 December 2023
Yakobo Sahani vs WS Risk and Protective Services Ltd (Revision Application No. 245 of 2023) [2023] TZHCLD 1515 (12 December 2023)
Dismissal for unauthorised absenteeism upheld; disciplinary process and appeal opportunity found properly observed.
Labour law – unfair termination – absenteeism without permission; Evidence – documentary evidence supersedes oral testimony; Procedural fairness – disciplinary hearing and internal appeal obligations; Deductions – employer may deduct for unreturned property.
 12 December 2023
Luqman Maloto vs Global Publishers & General Enterprises Ltd (Miscellaneous Application No. 280 of 2023) [2023] TZHCLD 1505 (11 December 2023)
Court set aside dismissal of execution order but refused to restore an unproven execution application; applicant may file fresh execution.
Civil procedure — Execution of award — Proof of authority for advocate to file execution — Rule 10(2), Order XXI (Advocate signing execution documents) — Requirement to prove advocate's act and client authorization — Effect of dismissed execution where filing not proved.
 11 December 2023
Boswely Odongo vs Cocacola Kwanza Limited (Revision Application No. 255 of 2023) [2023] TZHCLD 1516 (8 December 2023)
Termination for gross dishonesty and forgery upheld where misconduct proved on balance of probabilities and procedures followed.
Employment law – termination for misconduct – gross dishonesty and forgery – standard of proof: balance of probabilities – admissibility of documentary evidence – disciplinary procedure under GN No. 42 of 2007 – investigation report not strictly fatal where minutes and other documents prove misconduct.
 8 December 2023
Bidco Oil & Soap Ltd vs. Emmanuel Kimario (Miscellaneous Labour Application No. 2765 of 2023) [2023] TZHCLD 1517 (7 December 2023)
Court granted extension of time to file revision due to excusable technical delay and prompt action by the applicant.
Labour law – Extension of time to file revision – Section 91 ELRA – Technical delay vs. negligence – Lyamuya principles applied – Promptness and accounting for delay.
 7 December 2023
Kings Agro Limited vs Paul Kadala John (Revision Application No. 265 of 2023) [2023] TZHCLD 1511 (7 December 2023)
Revision of CMA award dismissed as time‑barred for failure to seek extension after being availed with the award.
Labour law — Revision of CMA award — Time limitation under s.91(1)(a) ELRA (42 days) — Receipt/availability of award — Requirement to apply for extension of time — Law of Limitation Act s.3(1).
 7 December 2023
Kigemu Tours Safari & General Services Ltd vs Tishi Selemani Uliza (Revision Application No. 268 of 2023) [2023] TZHCLD 1504 (6 December 2023)
Employer failed to prove probation and did not follow misconduct procedures; CMA award for unfair termination upheld.
Employment law – written particulars and burden of proof (s.15(6) ELRA) when no written contract supplied Employment law – probationary status; employer must prove probationary terms Employment law – unfair termination for misconduct; mandatory procedures required Labour procedure – jurisdiction and timeliness of CMA claim (breach vs unfair termination) Remedies – compensation for remaining period of fixed-term contract
 6 December 2023
Flora Oscar Kawage vs Huayuan Security Guard (Revision Application No. 248 of 2023) [2023] TZHCLD 1514 (5 December 2023)
Mediator has jurisdiction to determine condonation, but applicant failed to justify a 604-day filing delay.
Labour law – condonation – whether CMA Mediator has jurisdiction to determine condonation applications under GN. No. 64/2007 (Rules 12 and 15). Civil procedure/evidence – admissibility of documents – documents not in tribunal record may be properly excluded. Burden of proof – party alleging reasons for delay must prove them; unexplained inordinate delay justifies refusal of condonation. Time limits – Rule 10(1) & (2) GN. No. 64/2007 regarding timelines for filing disputes.
 5 December 2023