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Citation
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Judgment date
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| March 2023 |
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An employee with under six months' service cannot bring an unfair termination claim; defective CMA F1 nullifies proceedings.
Labour law – unfair termination – fixed-term contracts – minimum service requirement (six months) to institute unfair termination claim; procedural competence – defective CMA F1 (failure to complete Part B) renders CMA proceedings null; admissibility of documents – documents not listed cannot be relied upon; calculation of damages – incorrect award of remaining contract period.
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10 March 2023 |
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Where paternity is disputed and parties consent, courts should permit DNA testing in maintenance proceedings and may order retrial if excluded.
Law of the Child Act s35(b) – paternity and parentage evidence; DNA testing as admissible and relevant proof; maintenance proceedings – ordering DNA where paternity disputed and parties consent; retrial where relevant evidence improperly excluded.
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10 March 2023 |
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Substantive dismissal for absenteeism and insubordination upheld, but procedural unfairness for denial of mitigation awarded one month’s compensation.
Employment law – termination – substantive validity of dismissal for absenteeism and insubordination; procedural fairness – right to mitigation mandatory; investigation not always required depending on circumstances; notice and documentary proof issues.
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10 March 2023 |
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Failure to show good cause, account for delay, or provide supporting evidence defeats extension of time application.
Limitation of actions – extension of time under s.14(1) Law of Limitation Act; requirement to show good cause and account for each day; advocate's negligence not good cause; ignorance of law not acceptable excuse; alleged illegality must be raised timeously.
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10 March 2023 |
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Court corrected typographical errors in its ruling and drawn order and held omission of rejoinder is an appeal issue.
Civil procedure — Correction of typographical errors in a ruling and Drawn Order — Corrigendum by court — Authenticity of electronic signatures and court seal — Omission of rejoinder is appealable, not a ground for review.
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10 March 2023 |
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Termination was substantively justified for sexual harassment but procedurally flawed; reinstatement set aside and compensation reduced to three months.
Labour law — timeliness of referral to CMA; jurisdiction under Section 35 (six-month rule); confirmation/probation by email; admissibility of electronic documents; substantive vs procedural fairness in dismissal for sexual harassment; remedies — reinstatement vs compensation.
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10 March 2023 |
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Extension granted because an arguable illegality in the CMA award justified extension despite unexplained delay.
Labour procedure — extension of time to file revision — Lyamuya principles: account for all delay, show diligence, delay not inordinate; Electronic filing issues — requirement to file in both Swahili and English insufficient alone to justify prolonged delay; Illegality in award — arbitrator allegedly rendering own opinion without hearing parties can constitute sufficient reason to grant extension; Court discretion — extension granted with 21-day filing deadline.
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9 March 2023 |
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Whether TAZARA is a public entity and if section 32A bars CMA jurisdiction when filed after 2016.
Public entity—TAZARA: statutory domestication of bilateral treaty; ownership (50%/50% by two States) and governmental control indicate public instrumentality; Labour jurisdiction—section 32A Public Service Act: procedural mandatory exhaustion of local remedies before labour claims; procedural amendments apply to proceedings instituted after commencement even if cause arose earlier; CMA lacked jurisdiction where complaint filed post-18/11/2016.
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9 March 2023 |
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TAZARA is a public instrumentality and public servants must exhaust Public Service Act remedies before invoking CMA jurisdiction.
Public entity — treaty domestication and statutory creation — indicia of public ownership and control; Employment jurisdiction — section 32A Public Service Act requires exhaustion of Public Service Act remedies before labour law remedies; Distinction between officer and operational cadres — possible CMA jurisdiction only if employee demonstrates operational cadre status.
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9 March 2023 |
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Applicant found to be an employee unfairly dismissed; tribunal erred on time-bar; awarded twelve months' salary.
Labour law – employment relationship – statutory presumption of employment (s.61) and employer’s duty to keep records (s.15). Burden of proof – claimant to establish employment; employer must produce records to rebut presumption
Limitation – tribunal may not re-decide time-bar once leave to file out of time has been granted. Unfair dismissal – failure to follow procedure – remedies including compensation (12 months' wages)
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9 March 2023 |
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Striking out applicant's claim for misnaming and alleged non-joinder, without allowing amendment, was unlawful.
Labour law — Revisional jurisdiction of Labour Court beyond formal arbitral awards; Civil procedure — Addition/joinder of necessary parties and amendment of pleadings; Procedural fairness — right to be heard and proper evaluation of evidence; Striking out versus allowing amendment/joinder.
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8 March 2023 |
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Illness and procedural ignorance did not justify a 146‑day delay; condonation refused and Mediator has jurisdiction.
Labour law – condonation – sufficiency of reasons for delay; ignorance of law not good cause; sickness may justify delay but applicant must account for every day; Mediator's jurisdiction to entertain condonation applications.
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8 March 2023 |
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Statutory ban on double benefits and contract deduction clause bar additional contractual gratuity; application dismissed.
Labour law – contractual gratuity – interpretation of clause entitling 25% gratuity; Social security law – prohibition against receiving more than one benefit (s.23 Sura 371) – effect on contractual gratuity; Contract law – contracts governed by domestic law; deductions for employer contributions to social security permissible where contract so provides.
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8 March 2023 |
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Long continued service after probation implied confirmation; employer failed to prove misconduct and dismissal was unfair.
Employment law – Probation and confirmation – prolonged post‑probation service may amount to confirmation; probation must be reasonable (Rule 10(4), GN No. 42/2007). Labour law – Unfair termination – employer bears burden to prove substantive and procedural fairness (Section 39 ELRA)
Evidence – employer failed to prove alleged misconducts; receipt and reply to show‑cause letter undermined insubordination claim
Relief – CMA award of compensation and certificate of service upheld
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7 March 2023 |
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CMA may hear unlawful salary-deduction claims as breach of contract; impugned jurisdictional ruling set aside and matter remitted to CMA.
Labour law – Jurisdiction of CMA v Labour Court – unlawful deduction of salaries – breach of contract – s28, s88, s94 ELRA – Rule 10(2) GN.64/2007 – remedial powers of CMA.
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6 March 2023 |
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Termination for alleged poor performance was unfair due to inadequate evidence and failure to follow required procedural safeguards.
Employment law — unfair dismissal for poor performance; employer’s burden to prove valid reason under s.37(2); necessity of job description and measurable performance criteria; procedural safeguards under Code of Good Practice (G.N
No.42/2007) — Rule 18(2),(3),(6) (training, time to improve, meeting/right to be heard); CMA award upheld where substantive and procedural fairness absent
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3 March 2023 |
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Employment contract entered after work‑permit expiry is illegal and unenforceable; CMA award based on it quashed.
Immigration and employment law – Non‑citizen employment – Requirement of valid work permit – Non‑compliance renders employment illegal and contract unenforceable
Jurisdiction – Validity of contract as a jurisdictional issue – may be raised at any stage
Special Pass – does not permit engagement in paid employment
Remedies – awards based on invalid contracts can be quashed
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3 March 2023 |
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Applicants failed to prove termination; CMA correctly found the dispute premature and the revision is dismissed.
Labour law — Alleged unfair termination vs. abscondment — Burden on employee to prove termination where employer denies it — Prematurity of CMA complaint when disciplinary process pending — Proper evaluation of documentary evidence (refusal to accept show-cause notices).
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1 March 2023 |
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High Court set aside CMA judgment issued after proceedings were stayed and remitted the matter for resumption of hearing.
Labour law – Revision of CMA proceedings – Procedural irregularity where a tribunal issues a purported judgment after proceedings were stayed – Jurisdiction to set aside irregular awards and remit matter for continuation – Functus officio; allegations of misconduct require proof.
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1 March 2023 |
| 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 |