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Citation
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Judgment date
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| February 2023 |
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Applicant proved oral unfair termination; arbitrator erred and employee awarded compensation for remaining fixed‑term period.
Employment law – unfair/ oral termination – premature filing – burden of proof on employer (s.39 ELRA) – failure to discipline for alleged abscondment – fixed‑term contract: compensation for unexpired term – Labour Institutions (Mediation & Arbitration) Rules, 2007.
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28 February 2023 |
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Court granted applicant 14 days to file revision, allowing adjudication of raised jurisdictional issues.
Civil procedure – Extension of time – Requirement to show good cause and account for delay – Court may grant extension where jurisdictional issue is raised – Jurisdiction of CMA mediator in disputes involving public servants.
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28 February 2023 |
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Omission to administer oath or affirmation to witnesses is a fatal irregularity vitiating CMA proceedings; rehearing ordered.
Labour law; evidence — administration of oath/affirmation mandatory under GN. No.67/2007 and Oaths Act; omission vitiates proceedings; overriding objective cannot cure mandatory procedural defects; CMA proceedings nullified and matter remitted for rehearing de novo.
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28 February 2023 |
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A defective CMA Form F1 (improperly completing Part B) by an employee with under six months' service renders proceedings incompetent and award quashed.
Labour law – CMA Form F1 – Proper completion of Part A and Part B – Pleadings bind parties – Employee with less than six months' service cannot challenge unfair termination (s.35 ELRA) – Defective CMA F1 renders proceedings incompetent; award nullified and quashed.
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28 February 2023 |
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Compensation for unfair termination must be based on total remuneration, not basic salary.
Labour law – unfair termination – compensation under s.40 ELRA; interpretation of 'remuneration' to include salary and contractual benefits; appellate interference with arbitral discretion; evidential basis for general damages.
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28 February 2023 |
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Mediator lacks jurisdiction to decide condonation or res judicata; matter remitted to CMA arbitrator.
Labour institutions – Mediation vs arbitration – Mediator’s role limited to facilitation and non‑binding recommendations under GN. No. 67/2007 and ELRA; cannot determine condonation or res judicata. Procedural law – Applications for condonation and preliminary objections raising jurisdictional questions are adjudicatory matters for CMA Arbitrators. Relief – Quashing of CMA Mediator’s ruling and remittal to competent Arbitrator.
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28 February 2023 |
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Mediator can decide jurisdictional time‑limit issues; applicant’s medical evidence failed to justify condonation.
Labour law – Mediation – Mediator’s power to determine jurisdictional issues including time limitation (condonation) under GN. No.64/2007 Rule 15; condonation requires sufficient cause and accounting for each day of delay; medical report must show incapacity to file.
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28 February 2023 |
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Extension of time refused where delay was inordinate, alleged illegality not apparent, and representative’s negligence insufficient.
Labour procedure – extension of time – discretion – illegality must be apparent on face of record; negligence of chosen representative/advocate is not good cause; delay must be accounted for daily; allegations against third parties require their own affidavit to avoid hearsay and protect natural justice.
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28 February 2023 |
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Mediator lacks power to grant condonation; resultant CMA proceedings were nullity and the award was quashed and remitted.
Labour law – mediation vs arbitration – mediator’s powers; condonation/extension of time as adjudicatory exercise affecting jurisdiction; mediator cannot determine condonation; improper grant nullifies subsequent CMA proceedings; overriding objective cannot cure jurisdictional defects.
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28 February 2023 |
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Deputy Registrar execution decisions are reviewable by a Labour Court Judge under Rule 26, not by revision before the same court.
Labour law – Deputy Registrar as part of Labour Court (2020 amendments) – Execution rulings – Proper remedy: review under Rule 26 Labour Court Rules v. revision/reference/appeal – Order XLIII CPC – finality and efficiency in labour litigation.
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28 February 2023 |
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Award quashed where proceedings were incomprehensible and documents were not formally admitted, requiring retrial.
Labour law — Procedural fairness — Requirement for clear, comprehensible proceedings; Evidence — Documents must be formally tendered and admitted or cannot be relied upon; Irregularities in record and exhibits vitiate CMA proceedings and warrant trial de novo before a different arbitrator.
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27 February 2023 |
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Failure to satisfactorily explain absence warranted dismissal of application to set aside the ex‑parte/in‑absentia order.
Labour procedure — setting aside ex-parte/in-absentia orders — applicant must satisfactorily explain absence; mere diary mix-up insufficient; procedural objections to orders made in absentia should be raised at hearing; withdrawal of an application does not prevent alternative prayers being considered by court.
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27 February 2023 |
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Applicants entitled to arrears for unpaid leave and potential Scopo Directive No.57 increments, but must prove claimed amounts.
Labour law – entitlement to salary arrears and increments – interpretation of High Court and Industrial Court decisions – Scopo Directive No. 57 – evidentiary burden in execution proceedings – calculation of arrears for periods of unpaid leave.
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27 February 2023 |
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Executing Officer properly suspended objection proceedings due to a pending appeal and Court of Appeal stay of execution.
Execution proceedings – objection to attachment – jurisdiction of Executing Officer while appeal pending – effect of Court of Appeal ex‑parte stay of execution – inadmissibility of new evidence on revision – respect for appellate orders.
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27 February 2023 |
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Employer’s failure to produce contract left allowance claims unchallenged; allowances revised upward and gratuity award set aside.
Labour law – employer’s duty to produce employment contract to challenge claims; admissibility and weight of resignation letter; entitlement and computation of allowances; proof and quantification of gratuity claims.
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27 February 2023 |
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Applicant’s fixed-term contract expired without written renewal; termination held lawful and not unfair.
Employment law – Fixed-term contracts – Renewal and expiry – Employment and Labour Relations (Code of Good Practice) Rules G.N. No. 42 of 2007, rule 4 – Renewal by default and unfair termination for failure to renew – Written extension requirement.
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24 February 2023 |
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Disagreement over consideration of COVID‑19 in retrenchment is not a ground for review; application dismissed.
Labour law — Review of judgment — Review available only for manifest error on face of record causing miscarriage of justice; disagreement with evaluation of evidence or alternative view is appealable, not review — Alleged failure to consider COVID‑19 effects on retrenchment held to be re‑argument of evidence, not a reviewable error.
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24 February 2023 |
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Appeal allowed: later land suit barred by res judicata; tribunal lacked jurisdiction to adjudicate same land dispute.
Land law – res judicata – prior ward tribunal judgment and subsequent execution proceedings bar re-litigation of same land dispute; necessity of clear land description (size, boundaries, neighbours) in land claims; jurisdictional limits of District Land and Housing Tribunals; role of locus in quo in resolving boundary/size contradictions.
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23 February 2023 |
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Court quashes CMA award because documentary evidence showed termination earlier, rendering the referral time-barred and condonation necessary.
Labour law — retrenchment and unfair termination — proof of date of termination — employer’s burden to prove termination and payments — timeliness of referral to CMA under rule 10(1) GN.64/2007 — condonation for late filing — setting aside CMA award.
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23 February 2023 |
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Employer had substantive grounds to dismiss a senior underwriter, but procedural irregularity (no reasons for departure) reduced compensation.
Labour law — unfair termination — substantive reason: breach of underwriting procedures by a senior underwriter; procedural fairness — admissibility of oral vs documentary evidence (Rule 13(5) GN No.42/2007); impartiality of disciplinary chair — external chair from ATE not automatically disqualified; requirement to give reasons when departing from disciplinary committee recommendations; remedial reduction of compensation for mixed defect in termination.
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22 February 2023 |
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A 14‑year unexplained delay in pursuing unpaid salary claims justified dismissal of condonation; CMA’s refusal upheld.
Labour law – condonation/extension of time – Rule 11 GN No.64 of 2007 – applicant must account for entire delay; Lyamuya principles applied; 14‑year inordinate delay; mere hope of payment insufficient to justify delay; CMA’s discretion to refuse condonation upheld.
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22 February 2023 |
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A conciliator lacks jurisdiction to hear and determine a labour dispute ex parte; the ex parte CMA award was quashed.
Employment law – conciliation vs adjudication – whether a conciliator may determine a dispute ex parte under section 87(3)(b) of the Employment and Labour Relations Act; Procedure – absence of party at conciliation – appropriate steps (adjournment/referral) rather than final ex parte determination; Judicial review – awards made without jurisdiction are susceptible to being quashed.
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21 February 2023 |
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20 February 2023 |
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Proceedings were quashed because the CMA referral was improperly served and the respondent sued the wrong juridical party.
Labour law — fixed‑term contracts — applicability of unfair termination principles; Procedural compliance — service of CMA F1 before filing (section 86 ELRA; Regulation 34 GN.47/2017) — mandatory requirement; Civil procedure — misnomer / wrong juridical party — effect on competency of proceedings; Remedy — revision of CMA award and quashing where mandatory procedure and party‑naming defects exist.
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17 February 2023 |
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Termination substantively justified for refusal to accept a valid transfer but procedurally unfair; one-month pay and certificate ordered.
Employment law – transfer of employee – validity of transfer where transfer letter and written acceptance exist.* Employment law – unfair termination – substantive justification (insubordination and refusal to accept lawful transfer) upheld.* Disciplinary procedure – procedural fairness – employer required to call witnesses per Guideline 4(6) (GN. No. 42 of 2007); absence of witnesses renders hearing procedurally unfair.* Remedy – procedural unfairness only attracts reduced award under s.40(1)(c); certificate of service ordered.
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17 February 2023 |
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Court upheld CMA award: retrenchment was valid, procedure fair, and termination by signed settlement was binding.
Employment law – contract type (unspecified/permanent); retrenchment/operational requirements as valid reason for termination; procedural fairness – notice and consultation; termination by agreement and enforceability of final settlement; payment of terminal benefits.
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17 February 2023 |
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Extension denied where alleged illegality was not evident on the record and sickness did not justify the delay.
Labour law – extension of time to file notice of appeal – discretion must be exercised judiciously Extension of time – illegality as ground – must be apparent on the face of the record Extension of time – sickness – must be sole or sufficiently explained reason for delay Presence of counsel – judgment delivered in presence of advocate counts as presence Failure to account for each day of delay – negligence and insufficient excuse
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17 February 2023 |
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Employers dismissal for prolonged unexplained absence upheld; CMA award for repatriation and leave pay quashed.
Evidence — Admissibility of bankers book/statement — sections 78, 78A and 79 Evidence Act — foundation required and certification; Revision/appeal — power to re-evaluate trial/tribunal evidence but not to admit new evidence except in special circumstances; Employment law — dismissal for absenteeism/abscondment — substantive fairness where employee failed to communicate prolonged absence; Procedural fairness — service of disciplinary notice, reasonable time to prepare (Rule 13(3)), and effect of multiple termination letters on fairness; CMA awards — entitlement to remedies contingent on correctness of substantive/procedural findings.
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17 February 2023 |
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Appeal dismissed: appellate tribunal correctly found respondent acquired title by adverse possession after statutory period.
Land law – adverse possession – statutory period (12 years) – requirements for adverse possession (abandonment by true owner; actual, open, uninterrupted possession; animus possidendi) – appellate review of findings of fact.
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17 February 2023 |
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Revision dismissed; two-month compensation upheld where only procedural unfairness found despite substantive misconduct.
Employment law – unfair termination – procedural versus substantive unfairness – discretionary compensation under s.40(1)(c) Employment and Labour Relations Act – notice pay evidence requirement – new claims not entertainable on revision if not raised at CMA.
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16 February 2023 |
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Probationary non‑confirmation (managerial post) upheld where employer documented performance concerns; pregnancy discrimination not proven.
Labour law – probationary employment – non‑confirmation vs termination – procedural requirements for probationary employees (Rule 10 G.N. No. 42 of 2007) – managerial employees and opportunity to improve – alleged pregnancy discrimination; burden of proof.
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16 February 2023 |
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An interlocutory CMA order granting condonation is not independently revisable; a premature revision is struck out.
Labour law – interlocutory CMA orders – condonation for late filing – revisability by way of revision – premature applications to High Court – costs in labour disputes (no costs).
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16 February 2023 |
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CMA had jurisdiction because Section 32A is not retrospective; award set aside for failure to frame issues and determine applicable retirement policy.
Labour law — jurisdiction of CMA — retrospectivity of Section 32A Public Service Act; Retirement benefits — applicable instrument: management Terms and Conditions (2002) vs Collective Bargaining Agreement; Procedural fairness — necessity to properly frame issues and assess approval of policy documents; Revision — setting aside award and remit for rehearing.
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16 February 2023 |
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Court struck out the revision application but allowed refiling to protect substantive justice and the right to litigate.
Labour procedure – preliminary objection – tenability of revision application; refiling after strike-out; overriding objective and substantive justice (Art.107A(2)(e) Constitution; Section 3A Civil Procedure Code); discretion to allow correction of procedural defects.
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14 February 2023 |
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Absence from work without suspension disentitles employees from unpaid-salary claims they fail to prove.
Labour law – unpaid wages – burden to plead and prove the quantum of claim; Employment status – suspension v. willful absence – entitlement to salary only for periods worked; Evidence – admissibility and weight of documents not objected to at arbitration; Employment and Labour Relations Act s.37(5) – scope limited to employees charged in court, not mere investigations.
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14 February 2023 |
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Court restored execution proceedings after finding the Deputy Registrar erred despite a valid transfer order.
Labour law — Execution of decree — Jurisdiction to enforce decree transferred from another region — Transfer order binding — Res judicata not ordinarily applicable to execution proceedings — Procedural irregularity by Deputy Registrar; restoration of file ordered.
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14 February 2023 |
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Court set aside ex‑parte labour award after finding prima facie forgery and potential denial of the applicant's right to be heard.
Labour law – ex‑parte CMA award – allegation of forgery and personation – right to be heard. Revision – prima facie evidence of irregularity/forgery justifying setting aside and remittal for inter‑partes hearing. Procedural fairness – necessity to ensure parties are properly summoned and represented.
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14 February 2023 |
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Applicant on unspecified-term contract was unfairly terminated; CMA award set aside and statutory terminal benefits awarded.
Employment law – Contract type: specific task vs unspecified period; statutory presumption of employment (s.61 Labour Institutions Act) and burden of proof; unfair termination for lack of reason and procedure; entitlement to notice, leave, severance and compensation; revision of CMA award.
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14 February 2023 |
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Revision against an ex parte CMA award was premature for failure to first apply to the CMA to set aside the award.
Labour law — Revision — Preliminary objection for failure to exhaust CMA remedies — Setting aside ex parte award under s.87(5)(b) ELRA — Rule 28 Labour Court Rules insufficient to bypass statutory remedy — Exceptional circumstances for direct revision (jurisdictional defect).
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13 February 2023 |
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Employee's resignation was constructive termination due to intolerable conditions from unresolved employer-initiated investigation.
Labour law – constructive termination – employer-created intolerable work conditions – reinstatement pending unresolved criminal investigation – transfer to distant station and monthly reporting – compensation assessment.
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10 February 2023 |
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A time‑barred labour revision application deprives the court of jurisdiction and must be dismissed, not struck out.
Labour law – Revision application – Limitation under section 91(1)(a) ELRA (42 days) – Time bar goes to jurisdiction – Consequence is dismissal, not striking out.
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10 February 2023 |
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A mediator lacks jurisdiction to determine condonation; the CMA ruling is set aside and remitted to an arbitrator.
Labour law – jurisdiction of mediators – whether mediators may determine condonation applications under section 86(3) ELRA; Procedural law – invalid exercise of jurisdiction – setting aside mediator’s ruling and remittal to arbitrator; CMA procedure – distinction between mediator and arbitrator functions.
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10 February 2023 |
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Applicant's challenge to execution for inflation correction dismissed as time-barred; executing officer lacked jurisdiction on collective agreement.
Labour law – execution of decree – terminal benefits – inclusion of inflation correction and allowances – executing officer’s jurisdiction – interpretation of collective bargaining agreement reserved to court (s.74 ELRA) – limitation for revision applications.
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10 February 2023 |
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Extension granted where e‑filing/registry technical failure caused delay in filing a labour revision.
Labour procedure – Extension of time to file revision – discretionary remedy – must show sufficient cause. Electronic filing – technical/e‑registry failure – may constitute sufficient cause for extension. Statutory period – revision filed within 42 days (section 91(1)(a) ELRA) where e‑filing proof exists. Costs – no costs where court/system contributed to delay.
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10 February 2023 |
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The applicant’s challenge failed: fixed‑term employees may claim unfair termination and receive salary for the unexpired contract term.
Labour law – Unfair termination – Application of unfair termination principles to fixed‑term contracts – Remedy of payment for unexpired contractual term. Administrative procedure – CMA jurisdiction and scope – Arbitrator’s awards must align with nature of dispute but remedies for unfair termination include remaining-contract salary. Pleadings – Whether CMA may award remedies where form pleaded termination but remedy corresponds to fixed‑term contract consequences.
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10 February 2023 |
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Insurance claims below TSh 40,000,000 must be referred to the Insurance Ombudsman; trial court lacked jurisdiction.
Insurance law – Jurisdiction – Section 123 Insurance Act and Ombudsman Regulations – Claims below TSh 40,000,000/= to be referred to Insurance Ombudsman Tribunal; "may" construed as mandatory in context; proceedings without jurisdiction null and void.
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10 February 2023 |
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Court remitted unfair-termination award because the tribunal failed to determine whether the worker was dismissed or had resigned.
Labour law – employment relationship – application of section 61 factors (control, integration, hours, economic dependence, tools, exclusivity) – burden on employer to prove nature of relationship and keep records. Industrial relations – dismissal v. resignation – tribunal must determine whether termination occurred before assessing fairness and procedures. Jurisdiction/timeliness – commission to determine whether dispute was lodged within statutory time. Procedural fairness – remittal appropriate where tribunal omitted decisive preliminary issues.
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7 February 2023 |
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Employer’s dismissal for audited misconduct was substantively and procedurally fair; CMA award quashed due to evidential and pleading errors.
Labour law – unfair dismissal – substantive fairness (gross misconduct and gross negligence proved by audit) – procedural fairness (disciplinary hearing proceeded ex parte after employee’s refusal to attend) – pleadings and time‑bar issues (defective CMA F1 double termination) – evidentiary law (documents admitted for identification have no evidential value).
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6 February 2023 |
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Withdrawal at mediation may be permitted even where a preliminary objection on timeliness exists; no revision warranted.
Labour law – revision of CMA rulings; withdrawal at mediation vs striking out/dismissal; preliminary objection (timeliness) – ordinarily determined before merits but withdrawal at mediation may preclude determination; procedural competence – grounds for revision; costs – each party to bear own costs.
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6 February 2023 |