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Citation
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Judgment date
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| May 2023 |
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Fixed-term contract expired on its agreed date; notice of non-renewal negated any reasonable expectation of renewal and CMA award upheld.
Employment law – Fixed-term contracts – automatic termination on expiry – G.N. No. 42 of 2007 rule 4(2)–(3); notice of non-renewal and renewal by default. Labour dispute review – CMA award – scope for revision where contract expiry and non-renewal established. Contract law – parties bound by terms of signed employment contract; prior renewals do not create renewal right when non-renewal notice given.
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31 May 2023 |
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A mediator lacks jurisdiction to determine condonation; such applications must be decided by an arbitrator.
Labour law – Mediation v. arbitration – Mediator’s powers limited to facilitation and recommendations; applications for condonation/extension of time are adjudicatory and must be determined by an arbitrator or court (ELRA s.86; GN No.67/2007); mediator’s ruling on condonation without jurisdiction renders CMA proceedings a nullity; Court of Appeal authority applied.
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31 May 2023 |
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A time‑barred labour claim must be dismissed under the Law of Limitation, not struck out.
Labour law – Limitation and jurisdiction; late filing at CMA; section 3(1) Law of Limitation Act (CAP.89 R.E.2019) requires dismissal of time‑barred claims; striking out is inappropriate; condonation procedures under GN No.64/2007 (rules 10(1), 11(2)).
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31 May 2023 |
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Alleged conflict from an advocate drafting termination letters and attending meetings did not disqualify counsel; preliminary objection overruled.
Advocates’ professional conduct – conflict of interest – whether drafting termination letters and attending employer meetings disqualifies advocate – Regulation 35, Advocates (Professional Conduct and Etiquette) Regulations, 2018. Preliminary objection – pure point of law – objection on conflict of interest determined from pleadings. Advocate as counsel and witness – disqualification arises only if advocate is called to testify or acts as witness.
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31 May 2023 |
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Employee’s reported sickness and denial of a fair hearing made the dismissal substantively and procedurally unfair.
Labour law – unfair termination – absenteeism and sickness – procedural fairness – service by registered post and reasonable notice – admissibility of salary slip and statutory definition of remuneration (bonuses and allowances).
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31 May 2023 |
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Decisions of the Labour Court’s Deputy Registrar must be challenged by review, not by revision; revision application struck out.
Labour law — Procedure — Challenge to decisions of the Labour Court’s Deputy Registrar — Proper remedy is review under Rule 27(7) & (8), not revision under Rule 24. Jurisdiction — Labour Court lacks jurisdiction to revise its Deputy Registrar’s decisions. Civil procedure — Preliminary objection for want of jurisdiction conceded and upheld; application struck out.
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31 May 2023 |
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Failure to give a satisfactory, credible affidavit precludes restoration of a matter dismissed for want of prosecution.
Labour procedure – restoration of matters dismissed for want of prosecution – Rule 36(1) Labour Court Rules – need for satisfactory, credible explanation by affidavit. Evidence – affidavits containing material falsehoods or unsupported assertions cannot be acted upon. Proof of non-appearance – requirement for corroborating evidence (e.g., boarding passes, cause lists, medical proof) and use of notice of adjournment.
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31 May 2023 |
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Applicant waived claim to salary arrears by working years under reduced pay; revision dismissed.
Employment law – salary variation – whether salary reduction was agreed or implied by conduct; waiver by silence and continued performance; requirement under section 15(4) CAP 366 R.E. 2019 to notify written changes; evidentiary burden to prove entitlement to arrears (s.110 Evidence Act).
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30 May 2023 |
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Court permitted informal withdrawal of a labour application under Rule 55, granting 14 days leave to refile with no costs.
Labour Procedure — Withdrawal of proceedings — Rule 34(1) requires written notice but court may adopt alternative procedure under Rule 55(1)&(2) — analogous application of Court of Appeal Rule 58 permitting informal withdrawal.
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30 May 2023 |
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Employer failed to prove agreed termination; award reduced for prior payment received.
Labour law – unfair termination – employer’s burden to prove substantive reason and fair procedure; termination by agreement requires evidential proof; payment after termination may constitute implementation/acceptance and be deducted from award; Evidence Act s.110 and ELRA provisions relevant.
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30 May 2023 |
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Employer failed to prove substantive or procedural fairness in dismissal for alleged negligence and dishonesty; CMA award upheld.
Labour law — unfair dismissal — substantive fairness: alleged gross negligence and dishonesty require proof of duty, breach, loss and motive; failure to prove loss or forged documents defeats misconduct allegation — procedural fairness: requirement to provide investigation report, interview charged employee, impartial disciplinary committee, right to call and cross‑examine witnesses and to mitigate — internal appeal irregularities and conflict of interest — CMA award affirming unfair termination upheld.
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30 May 2023 |
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Employer failed to prove respondent’s absenteeism lacked good cause; dismissal unfair and 36 months' compensation upheld.
Labour law – Absenteeism – Absence of more than five working days may justify dismissal but only if without permission or acceptable reason – Employer bears burden to prove absence lacked good cause; ill health is acceptable ground. Labour law – Substantive and procedural fairness – failure to investigate and rebut medical evidence renders dismissal unfair. Labour law – Compensation for unfair termination – Section 40(1)(c) ELRA; factors: extent of unfairness, employee's remuneration, age and prospects; 36 months' salary can be reasonable and align with social justice.
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30 May 2023 |
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Retrenchment caused by COVID‑19 economic hardship was substantively and procedurally fair; CMA award upheld.
Labour law — Retrenchment — Operational requirements and COVID‑19 as valid ground for retrenchment; Compliance with section 38(1) Employment and Labour Relations Act and rule 23 Code of Good Practice — Notice, disclosure, consultation, selection criteria and severance — Admissibility/weight of documentary evidence (salary reinstatement email).
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29 May 2023 |
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A CMA ruling granting condonation is non-interlocutory and revisable, but proceedings filed at the wrong district CMA are void for lack of jurisdiction.
Labour law – condonation applications at CMA – nature of order test – whether a ruling granting condonation is interlocutory or final for revision purposes. Interpretation of statute – section 91(1) ELRA – lacuna concerning challenges to arbitrator rulings; non-interlocutory rulings read into "arbitral award" to permit revision. Jurisdiction – Rule 22(1) Labour Institutions (Mediation & Arbitration) Rules – disputes must be filed at the CMA office for the area where the cause of action arose; filing at wrong district renders proceedings void.
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29 May 2023 |
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Revision dismissed; CMA award of constructive termination upheld due to intolerable workplace conduct.
Labour law – constructive (forced) termination – change of padlock, denial of access, unpaid salary and employer conduct can render employment intolerable. Procedural fairness – CMA record presumed accurate; missing record of some cross-questions does not automatically invalidate proceedings. Evidence – hearsay and absence of direct witnesses weakens defence; failure to call key witness permits adverse inference. Judicial review – no material irregularity found to justify revision of CMA award.
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29 May 2023 |
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Improper admission of exhibits and failure to allow further cross-examination breached the right to be heard; award quashed and reheard.
Labour law – arbitration procedure – admission of documents – objection before admission required.* Procedural fairness – right to be heard – arbitrator’s questioning and Rule 25(3) GN No. 67 of 2007.* Evidence law – improperly admitted documents not part of record.* Remedy – nullification of award and rehearing de novo before a different arbitrator.
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29 May 2023 |
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Union claim dismissed because proven breach occurred on a different date than pleaded, so relief could not be granted.
Labour law – collective bargaining – salary review clause (consultation) – discrimination clause – employer adjusted salaries for some employees without union consultation.* Jurisdiction – disputes on application/implementation of collective agreements referred to CMA; failed mediation permits Labour Court adjudication.* Evidence – electronic documents admissible; authenticity presumed under Electronic Transactions Act and may be tested in cross-examination.* Pleadings – parties are bound by pleaded facts; evidence at variance with pleadings cannot ground relief without amendment.* Failure to call particular employees does not automatically defeat a case where quality of evidence suffices.
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29 May 2023 |
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Termination for work-related ill-health was substantively and procedurally unfair; applicant awarded remaining fixed-term contract compensation.
Employment law – fixed-term contract – termination for ill-health – work-related illness (tuberculosis) and employer’s duty to accommodate under Rule 19 GN. No. 42/2007. Procedural fairness – consultation and procedural requirements under Rule 21 GN. No. 42/2007. Misapplication of section 32 Cap. 366 R.E. 2019 – inapplicable to medical termination issues. Remedy – compensation for remaining unexpired fixed-term contract period.
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25 May 2023 |
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Applicant substantively abandoned employment but suffered procedural unfairness; awarded two months' salary.
Labour law – unfair termination – substantive fairness (abandonment) vs procedural fairness (no disciplinary inquiry) – non-joinder of a party – requirements of Rules 24 and 29 GN. No. 64 of 2007 – entitlement to repatriation and subsistence depends on contractually stated place of recruitment.
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25 May 2023 |
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Extension of time denied where delay unaccounted, alleged illegality not apparent, and conduct showed abuse of process.
Labour procedure – extension of time to file Notice of Appeal; illegality as ground for extension – must be apparent on face of record; necessity to account for each day of delay; technical delay due to separate execution proceedings not excusing late appeal; abuse of court process by pursuing execution then seeking extension.
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24 May 2023 |
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A court that has dismissed a matter as time barred is functus officio and cannot grant extension of time on the same issue without vacatur or appeal.
Civil procedure – extension of time – application for extension after dismissal for being time barred – court functus officio as to limitation once dismissal made. Limitation law – dismissal under limitation provisions conclusively determines issue of time unless vacated by review or set aside on appeal. Grounds for extension – advocate's negligence may ground extension generally, but cannot reopen an issue already conclusively dismissed by the same court.
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22 May 2023 |
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Failure to administer oath to CMA witnesses vitiates proceedings and warrants quashing the award and rehearing.
Labour law – CMA proceedings – Mandatory administration of oath/affirmation to witnesses (Rule 19(2), Rule 25(2), GN No.67 of 2007; Section 4(a) Oaths Act) – Failure to administer oath is a fatal irregularity vitiating proceedings – Remedy: nullify, quash award and remit for rehearing before different arbitrator.
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22 May 2023 |
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Employee failed to prove renewal of expired fixed-term contract; work permit does not substitute for an employment contract.
Labour law – fixed-term contract – renewal by default – requirement of employer’s expectation for renewal; Work/entry permit is not an employment contract and cannot substitute for proof of contractual renewal; burden on employee to prove continuation of employment and link between post-expiry payments and a renewed contract; appellate review of tribunal’s reception of documentary and oral evidence.
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19 May 2023 |
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Court set aside CMA refusal and condoned late filing where technical error and striking out required factual determination.
Labour law – condonation – extension of time – technical delay due to erroneous date in CMA referral – when technical error justifies condonation. Procedural law – striking out vs dismissal – effect on right to refile and on court's discretion to grant condonation. Evidence – determination of the date cause of action arose requires factual inquiry on the merits.
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19 May 2023 |
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A High Court lacks jurisdiction to hear a reference against a Deputy Registrar's ruling; appeal or review are proper remedies.
Labour law – Jurisdiction – Whether a High Court may entertain a reference against a ruling of its Deputy Registrar; Deputy Registrar recognised as part of the High Court by statute; appropriate remedies are appeal/reference to Court of Appeal or review; inherent powers cannot be used to convert Deputy Registrar rulings into referable lower-court decisions. Procedure – preliminary objection – dismissal for want of prosecution; costs each party bears own.
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19 May 2023 |
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Sickness of counsel on one date cannot justify re-admission where the applicant fails to explain prior consecutive non-appearances.
Labour procedure — re-admission of proceedings dismissed for want of prosecution; sufficiency of reasons for non-appearance; sickness of counsel as cause; duty of applicant to explain consecutive absences.
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18 May 2023 |
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Revision application struck out for incurable contradictory dates and defective pleadings; overriding objective cannot cure fatal defects.
Labour — Revision proceedings — Competency of pleadings — Inconsistent dates and wrong registration year may render application incurably defective. Civil procedure — Overriding objective — Cannot cure fundamental contradictions in pleadings that affect competency. Advocates Act vs Labour Institutions Act — Question whether non-advocate personal representative may prepare court documents (left undecided due to dispositive defects).
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17 May 2023 |
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Dismissal substantively justified for negligence but procedurally flawed for lack of employer investigation; three months' pay awarded.
Employment law – unfair termination – substantive fairness – misconduct/negligence for failure to re‑weigh consignments as valid reason for dismissal. Employment law – procedural fairness – Rule 13(1), G.N. No. 42 of 2007 requires employer investigation prior to disciplinary hearing; police investigation is not a substitute. Burden of proof – Section 37, Employment and Labour Relations Act and ILO C158 – employer must prove valid and fair reason for termination. Remedy – minor procedural defect attracts limited compensation (three months' remuneration).
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17 May 2023 |
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16 May 2023 |
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Procedural defects in disciplinary process warranted reduced compensation despite employer having valid substantive reason for dismissal.
Employment law – termination – substantive fairness upheld on client report and testimony; Procedural fairness – mandatory investigation required and impartial tribunal/personnel; Procedural irregularity (prosecutor participating in hearing) vitiated procedure; Compensation – quantum reduced where unfairness only procedural; Limitation/time‑bar and uncontested salary arrears preserved.
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16 May 2023 |
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Applicant proved employment via communications and bank slips; termination unfair; awarded TZS 26,000,000 (12 months compensation).
Labour law – existence of employment relationship – statutory presumption under s.61 – evidentiary burden and rebuttal; unfair termination – procedural fairness; quantum of compensation – reduction to fair period.
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16 May 2023 |
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CMA proceedings and ex-parte award quashed for lack of jurisdiction, diplomatic immunity, absence of oath, and denial of hearing.
Labour law – jurisdiction of CMA – limits where dispute involves a public servant who failed to exhaust internal remedies under the Public Service Act. Diplomatic and Consular Immunities – 4th Schedule – diplomatic immunity ousting CMA jurisdiction. Administrative law – natural justice – right to be heard (audi alteram partem) before adverse orders. Evidence law – mandatory requirement for witnesses to give evidence under oath or affirmation; failure vitiates proceedings. Procedural law – lack of proof of service and mediator’s lack of jurisdiction render ex-parte award void.
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9 May 2023 |
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Applicants’ claim for unfair termination dismissed because evidence contradicted pleadings and showed abandonment.
Labour law – unfair termination – burden of proof on claimant to prove termination and supporting particulars; pleadings must be supported by evidence. Procedure – pleadings versus oral evidence – evidence inconsistent with CMA F1 may be ignored. Evidence – submissions and absence of exhibits cannot substitute required proof. Representation – ineffective or unfocused representation may prejudice the case.
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8 May 2023 |
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Electronic filing is the operative filing date; the revision was within six weeks and the preliminary objection was dismissed.
Labour law — revision time limits under section 91(1)(a) ERA — electronic filing — Judicature and Application of Laws (Electronic Filing) Rules G.N. 148/2018 rule 21(1) — filing date is date of e-submission; Labour Court Rules rule 51(1) — no court fees in labour matters; electronic admission suffices for limitation purposes.
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2 May 2023 |