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Citation
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Judgment date
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| October 2025 |
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Failure to file the mandatory notice of representation under labour rules is fatal and justified striking out the application.
* Labour procedure – Extension of time – Leave to refile resets procedural position and places application within court discretion. * Labour procedure – Representation – Mandatory Notice of Representation under section 56/57 Labour Institutions Act and Rule 43(1) Labour Court Rules; must nominate specific advocate. * Failure to comply with Notice of Representation is fatal and may ground striking out of application. * Representation by law firm without naming an individual advocate insufficient.
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23 October 2025 |
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Court exercised Rule 47 discretion to consolidate multiple similar labour applications for expeditious disposal.
Labour procedure – consolidation of actions under Rule 47(1) and (2) – discretionary relief to avoid multiplicity of suits; adjournment sine die – meaning and six‑month update practice; procedural requisites for consolidation (common issues, same cause, no prejudice).
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17 October 2025 |
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Apparent illegality on the face of a tribunal’s ruling can justify extension of time to file a revision despite inordinate delay.
Labour law — extension of time — discretionary relief — inordinate delay vs. apparent illegality on face of record; Time limits — Rule 10(1) (30 days) v. Rule 10(2) (60 days) GN. No.64/2007 — application to probationary employees; Procedural irregularity — CMA striking out and dismissing — improper dual disposition; Revision procedure — leave to file revision granted where illegality apparent despite delay.
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15 October 2025 |
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Failure to file mandatory notice of representation under Rule 43(1) renders an application incompetent and liable to be struck out.
Labour Court procedure – Rule 43(1) Labour Court Rules – Notice of representation mandatory; absence of notice deprives advocate of locus standi and renders application incompetent; optional procedural steps cannot replace mandatory statutory requirements; preliminary objections – dispositive procedural defect; striking out for non‑compliance.
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10 October 2025 |
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Labour Court lacks general power to revise its own labour decisions; application struck out for lack of proper jurisdiction.
* Labour law – Jurisdiction of Labour Court – Limits of revisionary powers under s.94 Employment and Labour Relations Act – Court cannot generally revise its own labour decisions. * Civil procedure – Rule 38 GN No.106/2007 – Rescission of default judgment inapplicable to decisions delivered after hearing. * Geographical jurisdiction – Cause of action arising in Morogoro requires proceedings before competent Morogoro forum.
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10 October 2025 |
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Court granted extension to file appeal despite counsel's procedural mistake, emphasizing discretion and access to justice.
* Labour law — extension of time to file notice of appeal; discretion to grant extension.
* Procedural remedies — appeal v revision; competence of proceedings.
* Delay — distinction between technical delay and actual/inordinate delay.
* Advocate negligence — when mistakes by counsel disentitle a litigant to relief; agency principles and absence of collusion.
* Overriding objective — substantive justice and access to final appellate determination.
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8 October 2025 |
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Court upheld the arbitral award: contract held to be one year and termination was not by mutual agreement.
* Employment law – Fixed-term contract – construction where contract contains contradictory duration clauses and typographical errors; effect of mutual mistake under contract law.
* Employment law – Termination by agreement – requirement of freely given consent; employer-initiated termination cannot be treated as mutual agreement where circumstances show coercion or lack of choice.
* Remedies – Compensation for unexpired portion of fixed-term contract where termination is not by mutual consent.
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3 October 2025 |
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Whether the fixed-term contract was for one year and whether termination was by mutual agreement.
* Employment law – fixed-term contracts – interpretation where contract contains inconsistent dates or typographical errors – clear contractual clause prevails.
* Employment law – termination by agreement – consent must be free and informed; employer-initiated 'agreement' after employee's prolonged absence may not constitute mutual consent.
* Labour procedure – remedies – award of remaining contractual period upheld where contract duration established and termination not by mutual consent.
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3 October 2025 |
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Whether a fixed-term contract was one or two years and whether termination was by genuine mutual agreement.
Employment law – fixed-term contract duration; mutual mistake/typographical error in contract; termination by agreement — requirement of free informed consent; remedy: payment for remaining contractual period.
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3 October 2025 |
| September 2025 |
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Termination after suspension can render earlier unfair labour practices claims overtaken by events; unfair termination proceedings provide effective remedies.
Labour law – 'overtaken by events' doctrine; suspension as disciplinary measure; interplay between unfair labour practices and unfair termination claims; absence of injunction; forum for effective remedies.
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30 September 2025 |
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Extension granted for filing revision after electronic filing rejection due to technical delay and prompt re-action by the applicant.
Labour law – extension of time to file revision – electronic filing – technical rejection of e-filing – Rule 21(1) and Rule 20 (Electronic Filing Rules) – technical delay as sufficient cause (Fortunatus Masha) – illegality must be pleaded to ground extension.
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29 September 2025 |
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Extension granted for technical delay after appeal struck out; alleged illegality not apparent on the record.
Labour procedure – extension of time to file Notice of Appeal – technical delay where original appeal lodged in time but struck out for defective service – illegality must be apparent on the face of the record to justify extension – evidential duty in counter-affidavit to rebut applicant’s account.
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26 September 2025 |
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Leave to withdraw with leave to refile does not extend the statutory 42‑day limitation; applicant's revision dismissed as time‑barred.
* Labour law – limitation – section 91 Employment and Labour Relations Act (Cap. 366) – 42‑day time limit to challenge CMA awards.
* Civil procedure – withdrawal with leave to refile – leave is subject to statutory limitation and does not automatically extend time.
* Extension of time – necessity to apply for extension where statutory period has expired; interest of justice cannot substitute for compliance with limitation.
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26 September 2025 |
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A probationary employee lacking employer certification is not entitled to confirmed‑employee remedies; CMA award quashed for lack of jurisdiction.
Employment law – probationary employment – contractual requirement of employer certification for confirmation; Labour jurisdiction – CMA’s competence to entertain retrenchment/termination disputes where employee remains on probation; ELRA/Subpart E inapplicable to probationers; Code of Good Practice Rule 10 governs probationary terminations for performance; CMA award nullified and set aside where dispute improperly initiated.
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26 September 2025 |
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An application challenging Ministerial regulations was struck out as incompetent for not invoking Cap 310 judicial review procedures.
* Administrative law – Judicial review v. ordinary review – proper procedure for challenging subsidiary legislation made by Minister under ELRA.
* Labour law – Section 94(1)(c) ELRA – Labour Court jurisdiction to review Ministerial codes, guidelines or regulations.
* Civil procedure – lacuna in Labour Court Rules (GN No.106 of 2007) and application of Rule 55(1) to adopt appropriate procedures.
* Law Reform (Fatal Accidents and Miscellaneous Provisions) Act (Cap 310) – applicability of judicial review remedies and procedures to challenges against delegated legislation.
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23 September 2025 |
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Extension of time denied for failing to account for a 29‑day delay and show sufficient cause.
* Labour procedure – extension of time – requirement to account for each day of delay – applicant must show sufficient cause for delay. * Technical delay doctrine – where earlier filing struck out as incompetent may excuse some delay but applicant must act promptly. * Evidence – assertions of systemic e‑filing failure require corroboration (registry/IT affidavits).
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18 September 2025 |
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An associate company cannot validly terminate employment; written contract governs employer identity and entitles employee to damages.
* Employment law – identity of employer – effect of written employment contract and clause limiting transfer to associate companies
* Evidence – admissibility of secondary evidence (copy) under section 68 of the Evidence Act after notice to produce original
* Employment & Labour Relations Act – section 15(5) and (6) burden on employer to produce written particulars
* Labour law – termination/retrenchment by non-employer (associate company) unlawful
* Remedies – damages for breach equal to remaining contractual salary and accrued leave
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17 September 2025 |
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Whether the employer’s retrenchment for operational requirements was substantively and procedurally fair given disclosed financial evidence and consultation.
* Employment law – retrenchment (operational requirement) – employer must prove economic, structural or technological need; financial reports and business performance evidence may suffice.
* Labour procedure – consultation – compliance with Section 38 ELRA and Rules 23–25 GN. No. 42 of 2007 – consultation minutes and representative’s signature bind employees where no timely objection is raised.
* Review of CMA awards – failure to establish statutory review grounds (misconduct, illegality, material irregularity) precludes setting aside award.
* Evidentiary burden – employee’s assertions require evidentiary support to rebut employer’s economic justification.
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16 September 2025 |
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Employees’ retrenchment by a non‑employer on speculative grounds was unfair; compensation recalculated using statutory remuneration.
Labour law – Retrenchment – substantive and procedural fairness; termination by wrong authority – unfair dismissal; consultation and notice requirements; application of law not yet in force; compensation based on statutory 'remuneration' (s.4, Cap.366); general damages discretionary.
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4 September 2025 |
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Applicant failed to prove workplace harassment or causation for miscarriage; CMA award upheld and no damages awarded.
* Labour law – harassment at workplace – burden where prima facie case raised – Section 7(8) ELRA and anti-discrimination provisions.
* Evidence – causation – medical evidence, inconsistencies in documentary timeline and lack of independent corroboration.
* Employment contracts – incorporation of policies and grievance procedures; availability via internal regulations/intranet.
* Procedure – parties bound by pleadings; afterthought complaints not entertained on revision.
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4 September 2025 |
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Court granted 21-day extension to file Notice of Appeal due to technical delay caused by a defective certificate of delay.
Labour law — Extension of time — Technical delay due to defective certificate of delay — Technical delay as sufficient ground for extension; Jurisdiction — functus officio — requirement of prior identical decision to render court functus officio; Procedure — filing of Notice of Appeal and certificate of delay.
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3 September 2025 |
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A defective certificate of delay (technical delay) justified an extension of time to file the notice of appeal.
Labour procedure — extension of time to file notice of appeal; technical delay — defective certificate of delay; functus officio — jurisdiction to entertain applications; illegality as ground for extension.
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3 September 2025 |
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The court quashed the CMA award after finding the respondent failed to justify delay for condonation.
* Labour procedure – condonation – discretion to grant extension of time must be exercised judiciously and demonstrated on record.
* Condonation – adequacy of reasons – threats, alleged detention in jurisdiction, ignorance of law and travel disruptions insufficient without causal explanation.
* False or unreliable affidavit – contamination of the explanation for delay undermines entitlement to condonation.
* Jurisdictional defect – wrongful grant of condonation nullifies CMA proceedings and vitiates resultant award.
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1 September 2025 |
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An incompetent application challenging an executing officer’s auction order must be struck out, not withdrawn.
Execution proceedings; application to lift auction order; competence of application; requirement to identify or place the impugned executing officer’s order before the court; incompetent applications must be struck out rather than withdrawn.
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1 September 2025 |
| August 2025 |
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Application to add 938 unnamed representatives struck out for lack of authorisation and defective affidavit.
Labour procedure – representative proceedings – requirement to attach list authorising representatives; Affidavit requirements – rule 24(3)(c) Labour Court Rules – need to state legal issues; Inclusion of deceased persons in proceedings – invalidates representation; Attempted curative supplementary affidavit – impermissible at preliminary objection stage.
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29 August 2025 |
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An award issued without reassignment or Commission consent is invalid and must be set aside.
Labour arbitration — Reassignment of arbitrator — Authority to issue award — Rule 7(5) GN. No.66/2007 — Procedural fairness — Notice and service to parties — Validity of award.
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29 August 2025 |
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An omnibus revision challenging a non-existent consolidated CMA ruling was incompetent and struck out; supporting affidavit contained falsehoods.
Labour law — Revision petition — Competence — Omnibus applications and non-existent consolidation — False statements in supporting affidavit — Striking out and refusal of leave to refile.
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29 August 2025 |
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Admission of exhibits without allowing objections breached fair hearing and vitiated the CMA award, requiring a rehearing.
Labour law; evidence – improper admission of exhibits – failure to afford opposing party opportunity to comment; breach of fair hearing and natural justice; award vitiated and set aside; remedy – rehearing before different arbitrator.
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29 August 2025 |
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A signed non-confirmation document binds the signatory; probationary status persists absent proof of confirmation, barring unfair-termination remedies.
Employment law — Probationary employees — Status of probationer as employee; confirmation not automatic upon expiry of probation; burden to prove confirmation; remedies for unfair termination not generally available to probationers; admissibility and effect of signed 'non-confirmation' document.
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29 August 2025 |
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CMA proceedings and award quashed due to defective referral and lack of territorial jurisdiction; oral correction invalid.
Labour law — Territorial jurisdiction of CMA — Referral form (CMA F1) must specify locality to establish jurisdiction; defective referrals render matters incompetent and liable to be struck out; mediator in one CMA office cannot grant leave to refile in another territorial office; correction of awards/orders requires formal application under rules 29 and 30 of GN. No. 64 of 2007 within 14 days — oral correction applications are not recognized; High Court shall determine revision on the CMA record before it and may not summon external CMA records to cure jurisdictional defects.
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22 August 2025 |
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CMA proceedings were nullified for breach of fair hearing and lack of territorial jurisdiction due to a defective referral form.
* Labour law – retrenchment – validity of retrenchment proceedings – proper framing of reliefs and consequences of divergent awards. * Administrative law – right to fair hearing – improper admission of exhibits without opportunity to object vitiates proceedings. * Jurisdiction – territorial jurisdiction of CMA – rule 22(1) GN. No. 64 of 2007 requires filing at CMA office where cause of action arose; employer headquarters irrelevant. * Procedure – defective referral (CMA F1) indicating multiple locations and uncertain date invalidates proceedings.
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22 August 2025 |
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An incompetent CMA referral must be struck out, not dismissed; the applicant may refile a proper dispute.
Labour — Competence of CMA referral — Defective CMA F1 — Jurisdiction of CMA vs Labour Court — Incompetent matters to be struck out not dismissed — Right to refile following striking out.
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20 August 2025 |
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Section 37(6) bars disciplinary action only where the disciplinary allegations are similar to the dispute pending at the CMA.
* Employment law – section 37(6) E.L.R.A. – employer barred from disciplining an employee only where disciplinary allegations are similar/related to disputes pending at CMA/Court. * Labour procedure – scope of dispute determined by CMA F1 – parties bound by pleadings. * Injunctions – requirement of evidence for irreparable harm and convenience; speculative fears insufficient. * Distinction between incapacity/PD rating disputes and incompatibility misconduct in disciplinary context.
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18 August 2025 |
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Probationary employee unlawfully terminated is entitled to remaining probation pay, but no further relief if already overpaid.
Labour law – Probationary employment – Termination during probation – Entitlement to payment for remaining probation period where termination without valid reason; right to be heard on added issues; appellate power to determine relief when record permits.
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15 August 2025 |
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Court pierced the corporate veil, holding managing directors personally liable for unpaid CMA settlement.
* Labour law – execution of CMA settlement – enforcement against company and directors; * Corporate law – lifting/piercing the corporate veil – directors’ personal liability where company assets are encumbered and winding‑up initiated to evade execution; * Civil procedure – preliminary objections (wrong citation; omnibus application) – wrong citation curable and incompetence struck out not dismissed.
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15 August 2025 |
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Applicant bound by CMA F1 locality entry; matter dismissed for lack of CMA territorial jurisdiction.
Labour law – territorial jurisdiction of CMA – CMA F1 as pleadings binding parties – Rule 22(1) GN No.64/2007 – disputes to be heard at commission office for area where cause of action arose unless transferred.
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15 August 2025 |
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Revision against an interlocutory CMA ruling was dismissed; immunity and waiver issues require evidence and Rule 50 bars such revision.
* Labour law – revision jurisdiction – Rule 50 GN. No. 106 of 2007 – bar to revision against interlocutory CMA orders. * Civil procedure – nature of order test – interlocutory vs final decisions. * International law / diplomatic immunity – jurisdictional objections and waiver of immunity require evidential proof. * Arbitration procedure – preliminary objections that hinge on facts cannot be finally determined absent evidence.
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12 August 2025 |
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Improper admission of evidence that violated the right to be heard rendered arbitration proceedings and award a nullity, requiring retrial.
Labour law – Unfair termination – Admissibility of documentary evidence – Right to be heard – Violation of natural justice – Effect of procedural irregularity on arbitral award – Retrial direction where parties prejudiced by arbitrator’s error.
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4 August 2025 |
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Court held CMA Dar es Salaam had jurisdiction based on applicant’s duty station, and that time calculation runs from service of ruling.
Labour law – jurisdiction – determining forum based on cause of action and duty station – time computation for application for revision – CMA's jurisdiction over employment disputes related to employee’s duty station – interpretation of 'cause of action' in labour disputes.
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1 August 2025 |
| July 2025 |
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Court dismissed application to extend time for labour revision, holding no sufficient reason or apparent illegality was shown.
Labour law—extension of time—criteria for sufficient cause—alleged illegality as ground for extension—importance of affidavit evidence—jurisdiction of CMA—delays attributable to party's negligence.
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30 July 2025 |
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A dismissal for gross misconduct was found fair both substantively and procedurally, setting aside compensation for procedural unfairness.
Labour law – termination of employment – substantive and procedural fairness – gross misconduct – right to representation at disciplinary hearing – impartiality of disciplinary and appeal committees.
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28 July 2025 |
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A claim for unfair termination based on expectation of renewal must be clearly pleaded in the initiating referral form.
Labour law – unfair termination – fixed term contracts – legitimate expectation of renewal – requirements for properly initiating a claim – preliminary objections – need for properly pleaded cause of action
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24 July 2025 |
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Extension of time granted for filing revision where initial timely application was struck out for procedural reasons, amounting to technical delay.
Labour law – Extension of time – Technical versus actual delay – Timely filing of initial application struck out for procedural reasons – Consideration of diligence and sufficient cause – Principles guiding extension of time applications.
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23 July 2025 |
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Court upheld a summary dismissal for misconduct where procedural fairness and recordkeeping duties were adequately observed by the employer.
Labour Law – unfair termination – misconduct – breach of trust – disciplinary hearing procedures – employer’s recordkeeping duties – burden of proof.
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22 July 2025 |
| June 2025 |
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The court nullified CMA proceedings due to procedural errors including improper evidence admission and a deceased respondent's inclusion.
Labor Law - procedural improprieties - improper admission of evidence - continuation of proceedings with a deceased party - nullification of CMA award.
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30 June 2025 |
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Applicant failed to justify delay in seeking revision of CMA decision; court dismissed application as meritless.
Labour Law – Extension of time – Sufficient reason for delay – Non-fatal absence of procedural form for revision initiation.
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26 June 2025 |
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Court orders retrial due to missing case records in an employee constructive termination dispute.
Labour Law – Constructive termination – Missing case records in labor disputes – Quashing decision due to loss of records.
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20 June 2025 |
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The remedy for time-barred employment disputes is dismissal, impacting jurisdiction without proper condonation.
Employment law – dispute resolution – time-barred complaints – remedies for time-barred claims; jurisdiction to entertain time-barred disputes without condonation.
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19 June 2025 |
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CMA proceedings nullified for improper admission of evidence, violating fair hearing principles.
Labor law - procedure - admission of evidence without allowing comment - violation of right to be heard - nullification of CMA proceedings.
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19 June 2025 |
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Exhibits were improperly admitted at arbitration, necessitating a rehearing; timely dispute filing remains undetermined.
Labor Law – procedural impropriety in arbitration – proper admission of evidence – determination of timely filing of disputes.
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18 June 2025 |