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Citation
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Judgment date
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| 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 |
| January 2023 |
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Res judicata not established; DLHT had jurisdiction and respondents proved ownership; appeal dismissed with costs.
Land law — res judicata — identity of parties, subject matter and cause; jurisdiction — functus officio in execution versus fresh suit; evidentiary proof of land ownership and possession.
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11 January 2023 |