|
Citation
|
Judgment date
|
| December 2025 |
|
|
A registered trade union may sue in its name, but disputes over union dues must first be brought to the CMA; Labour Court lacks original jurisdiction.
Labour law — Organizational rights — Deduction and remittance of union dues — Exclusive first-instance jurisdiction of the Commission for Mediation and Arbitration (CMA) — Exhaustion of statutory remedies under sections 62, 65 and 66 ELRA — Registered trade union’s juristic personality and capacity to sue in its own name — Condonation/extension of time — Preliminary objections.
|
30 December 2025 |
|
A mediator has no jurisdiction to decide condonation; such applications must be determined by an arbitrator.
Labour law — Mediation vs arbitration — Mediator’s jurisdiction — Condonation applications are adjudicative and must be heard by an arbitrator, not a mediator — CMA procedure — Nullity of ultra vires mediator decisions.
|
10 December 2025 |
|
Arbitrator decided an unpleaded renewal-expectation issue; court found contract expired and set aside the CMA award.
Labour law – fixed-term contracts – automatic expiry on agreed period – distinction between non-renewal and termination – arbitrator acting suo motu on unpleaded issue (reasonable expectation of renewal) – procedural fairness – quashing of CMA award for illegality.
|
10 December 2025 |
|
Arbitrator unlawfully raised unpleaded renewal expectation; fixed-term contract expired automatically and CMA award is set aside.
Labour law – fixed-term contracts – expiry and non-renewal – automatic termination at end of agreed period; procedural fairness – tribunal must decide issues pleaded and cannot raise new issues suo motu; remedies – breach of contract distinct from unfair termination; review – setting aside CMA award for procedural illegality and failure of proof.
|
10 December 2025 |
|
An arbitral award set aside where the CMA lacked territorial jurisdiction to hear the applicant's dispute.
Labour law – Territorial jurisdiction of the CMA – Rule 22(1) GN No.64/2007 – Jurisdiction can be raised at any stage – Absence of Commission transfer or direction renders award a nullity.
|
10 December 2025 |
|
Arbitrator erred in relying on untendered mediation material to find a five-year contract; CMA award quashed.
Labour law – fixed-term contracts – proof and burden of establishing contract duration; admissibility of mediation certificates (CMA F6); confidentiality and untendered documents; severance payable for years worked, not years expected.
|
8 December 2025 |
|
Termination based on unproven hearsay and untested photos was unfair; award set aside and compensation ordered pending quantification.
Employment law — Unfair termination — reliance on hearsay email/photos from diplomatic client — failure to call direct witnesses — procedural unfairness — fixed‑term contract compensation.
|
8 December 2025 |
|
Court granted seven days' leave to file revision where respondents' counter‑affidavit failed to adduce contrary evidence.
Labour law — extension of time to file revision — affidavits and counter‑affidavits as substitute for oral evidence — insufficiency of mere denial/putting to strict proof — ex parte CMA award and alleged procedural irregularities as grounds for revision.
|
8 December 2025 |
|
Extension granted to file revision where respondents failed to adduce evidence contradicting the applicant's affidavit.
Labour law – Extension of time to file revision – Affidavits and counter-affidavits as substitutes for oral evidence – Counter‑affidavit must adduce contradicting evidence – Judicial discretion to grant extension where respondents fail to rebut applicant's affidavit.
|
8 December 2025 |
|
Affidavit must state legal issues under rule 24(3)(c); failure renders application incompetent and not cured by overriding objective.
Labour procedure – Affidavit in support – Requirement under Labour Court Rules GN. No.106 r.24(3)(c) to state legal issues – Chamber summons cannot substitute – Overriding objective cannot cure non‑compliance with mandatory procedural rules
|
5 December 2025 |
|
Arbitrator’s unsupported exclusion of computer‑printed contract breached natural justice, nullifying the CMA award and ordering retrial.
Evidence — Electronic evidence admissibility; Electronic Transactions Act s.18 — computer‑generated documents not to be automatically excluded; Procedural fairness — bias and rule against bias; Labour Institutions (Mediation and Arbitration) Rules, 2007 Rule 19 — flexible evidentiary approach; Relief — CMA proceedings nullity and retrial de novo.
|
5 December 2025 |
|
Failure to record reassignment of an arbitrator vitiated the CMA award; proceedings nullified and trial ordered de novo.
Labour law – Arbitration – Assignment of arbitrator – Requirement to record reassignment and reasons – Jurisdictional defect – Procedural fairness – Nullification of CMA proceedings and award – Trial de novo.
|
5 December 2025 |
|
An 89‑day delay in filing a labour dispute was unjustified; condonation denied as alleged illegality was not apparent.
Labour law — condonation for late referral to CMA — computation of delay — sufficiency of reasons (seeking legal advice, illness of relative, pre‑litigation negotiations, difficulty obtaining documents) — illegality on face of record — requirements for extension of time.
|
4 December 2025 |
|
Applicant granted 14 days to file appeal due to excusable technical delay and adequate explanation for days of delay.
Civil procedure — Extension of time — Good cause requirement — Technical delay excusable where prior appeal proceedings occupied time — Accounting for days of delay — Alleged illegality in award to be determined on appeal — Functus officio.
|
4 December 2025 |
|
Improper admission of exhibits without affording parties opportunity to be heard vitiated CMA proceedings, requiring a rehearing.
Labour law – evidence and procedure – improper admission of exhibits without prayer to tender or opportunity to comment – breach of audi alteram partem and Article 13(6)(a) – nullification of CMA proceedings – rehearing de novo – non‑compliance with court orders.
|
3 December 2025 |
|
Revision dismissed: CMA acted within jurisdiction, but employer failed to prove substantive and procedural fairness of termination.
Labour law — termination of employment — scope of pleadings (CMA FI) — opening statements v. evidence — jurisdiction and internal appeal exhaustion — burden of proof on employer under s.39 ELRA — necessity of investigation report and live witness evidence.
|
3 December 2025 |
|
CMA award upholding unfair termination affirmed due to lack of investigation and insufficient employer evidence.
Labour law — unfair termination — employer's burden to prove valid reason and fair procedure (s.39 ELRA) — requirement to investigate (Rule 13(1)/Rule 15(5) G.N
No. 42/2007) — pleadings/CMA FI and framed issues — opening statements not evidence — jurisdiction of CMA vs internal appeals
|
3 December 2025 |
| November 2025 |
|
|
Arbitrator’s failure to decide framed issues and denial of hearing vitiated CMA award; matter remitted for fresh arbitration.
Labour law — arbitration — failure to determine framed issues; right to be heard/natural justice; omission vitiates award; nullification and remittal for trial de novo.
|
28 November 2025 |
|
Correction of an arbitral award is limited to clerical errors; substantive alterations must be pursued by revision.
Labour law – Correction of arbitral awards – Scope of s.90 ELRA/Rule 30 – limited to clerical or arithmetical mistakes – cannot alter substance or add new reliefs – functus officio – right to be heard via written submissions.
|
26 November 2025 |
|
CMA proceedings were nullified and award set aside because the Form included a Labour Court jurisdictional issue that was not removed.
Labour law — Jurisdiction — Disputes concerning application/interpretation/implementation of a law or collective agreement fall to the Labour Court after failed mediation — Failure to amend CMA Form No.1 renders CMA proceedings defective — Parties cannot confer jurisdiction by conduct — Remedy: nullify proceedings and set aside award.
|
26 November 2025 |
|
Arbitrator’s determination of an unframed issue without hearing parties vitiated the CMA award; trial de novo ordered.
Labour law – termination of employment; burden of proof under section 39 ELRA; arbitrator determining unframed issue; denial of right to be heard; nullity of proceedings; trial de novo before different arbitrator.
|
25 November 2025 |
|
Fixed‑term contract termination based on misconduct predating the new contract is substantively unfair; award revised.
Labour law – Fixed‑term contract – Alleged pre‑contract misconduct cannot justify termination of subsequently concluded fixed‑term employment; procedural fairness; revision of CMA award for unclaimed/paid annual leave.
|
25 November 2025 |
|
Revision struck out to allow arbitrator to correct clerical error misidentifying the CMA branch before further proceedings.
Labour law – Arbitration award – Clerical error/misdesignation of CMA branch – Correction of awards under section 90 Employment and Labour Relations Act – Rule 30(1) Labour Institutions Rules – Jurisdictional implications – High Court’s inherent powers vs statutory correction mechanism.
|
24 November 2025 |
|
CMA lacked jurisdiction over disputes on application/interpretation/implementation of law or agreement; award quashed as a nullity.
Labour law – Jurisdiction – CMA’s jurisdiction limited to mediation for disputes on application/interpretation/implementation of law or agreement – Failed mediation requires referral to Labour Court – Parties cannot confer jurisdiction by agreement – Failure to amend CMA F1 renders proceedings irregular and award nullity.
|
24 November 2025 |
|
Mediator lacked jurisdiction to grant condonation; CMA proceedings nullified, award quashed and matter remitted for proper hearing.
Labour law – Mediator’s jurisdiction – Condonation – Adjudication vs mediation – Nullity of CMA proceedings – Reliance on Barclays Bank (T) Ltd v Ayyem Matesa – Remittal for arbitrator’s hearing.
|
24 November 2025 |
|
Extension of time to file revision dismissed as res judicata because the award was executed by settlement.
Labour law – res judicata – execution by settlement – extension of time to file revision – condonation – finality of litigation; illegality cannot revive executed and settled awards.
|
21 November 2025 |
|
Extension granted for technical delay; alleged illegality not apparent on the face of the record.
Civil procedure – Extension of time – Technical delay due to struck out/withdrawn applications – Diligence and accounting for delay – Illegality must be apparent on the face of the record – Affidavit and counter-affidavit as substitute for oral evidence.
|
19 November 2025 |
|
Fixed-term teaching contract supported reassignment after performance review; harassment and discrimination claims failed.
Employment law – fixed-term (specific-task) contract – change of job description – statutory consultation and written notice (ELRA s.15) – performance appraisal as basis for reassignment – authority of subsidiary employer – harassment and discrimination claims dismissed.
|
19 November 2025 |
|
Sickness accepted but applicant failed to account for inordinate delay; condonation dismissed.
Labour law – condonation/extension of time – discretion to grant condonation must be exercised judiciously; good cause assessed on facts; sickness may constitute good cause if it alone prevented timely action and is properly explained; applicant must account for each day of delay; counter-affidavit must present evidence to rebut affidavit claims.
|
19 November 2025 |
|
Applicant failed to prove alleged termination date; burden of proof lies with party alleging termination, application dismissed.
Labour law – unfair termination – burden of proof – party alleging termination must prove it; employer proves fairness after termination established
Evidence – section 110/112 Evidence Act – he who alleges must prove; secondary evidence and admissibility of copies. Employment records – section 15(6) ELRA inapplicable absent written particulars. Revision jurisdiction – court will not entertain new complaints not pleaded at CMA
|
19 November 2025 |
|
Applicant failed to prove termination date or occurrence; revision dismissed for lack of evidence.
Labour law — burden of proof — 'he who alleges must prove' applies; initial burden on employee alleging termination; sections 37(2) and 39 ELRA only engage after termination is proved — Admissibility of secondary/copy evidence — need for notice to rely on secondary evidence — Scope of revision proceedings — new complaints not raised at CMA cannot be entertained — Section 15(6) ELRA inapplicable absent evidence of written particulars or written contract — importance of proving termination date for jurisdiction/time-bar issues.
|
19 November 2025 |
|
A defective CMA F1 (wrongly completing Part B) renders proceedings null and the award is quashed; applicant may refile.
Labour law – procedural competence – CMA referral form (CMA F1) – Part B is for termination disputes only; filling Part B where dispute is not termination renders the form defective and proceedings incompetent. Administrative law – nullity of proceedings – defective instituting document vitiates subsequent arbitral proceedings and award
Remedies – award quashed and set aside; applicant may re‑file after meeting procedural requirements
|
18 November 2025 |
|
An improperly completed CMA referral form (Part B) renders the proceedings a nullity and the award void.
Labour procedure — referral form (CMA F1) — Part B intended for termination disputes only; improper completion of CMA F1 renders referral incompetent and proceedings a nullity; award founded on defective referral is quashed and set aside; applicant may refile subject to compliance with legal requirements.
|
18 November 2025 |
|
Promises to pay do not stop limitation; applicant failed to account for delay, so condonation was dismissed.
Labour law – condonation for late filing – promises/pre‑litigation negotiations do not stop limitation – must account for each day of delay – illegality must be apparent on the face of the record to justify extension of time.
|
18 November 2025 |
|
Extension of time granted where CMA struck out dispute without affording right to be heard; hearsay allegations against former advocate were inadmissible.
Labour law – extension of time to apply for revision; procedural fairness – right to be heard; hearsay rule in affidavits – necessity of affidavit from person referred to; ignorance of law is not good cause for extension; court’s discretion to grant extension where illegality in impugned decision exists.
|
17 November 2025 |
|
Promises to pay do not suspend limitation; failure to account for delay defeats condonation application.
Labour law – condonation/extension of time – promises or negotiations do not stop limitation period Requirement to account for each day of delay; inordinate delay defeats condonation Illegality as ground for extension of time must be apparent on the face of the record Procedural consolidation of claims in CMA – related claims ought to be included when filing initial referral Relevant authorities: Tanapa (P & O Intl), Lyamuya, Elisha Mang'ehe, Iron & Steel
|
17 November 2025 |
|
Expiry of a fixed-term contract is not unfair termination absent a demonstrated reasonable expectation of renewal.
Employment law – Fixed-term contracts – automatic termination on expiry vs unfair termination – reasonable expectation of renewal required to trigger notice or protection – assessment of surrounding circumstances.
|
14 November 2025 |
|
Late counter-affidavit waives factual contest; medical proof of counsel’s illness justified setting aside dismissal and remitting the matter.
Labour procedure — late filing of counter-affidavit — waiver of right to dispute facts; proof of advocate’s sickness (medical report) — sufficient ground to set aside dismissal for non-appearance; failure of arbitrator to consider material evidence — award quashed and matter remitted to CMA.
|
12 November 2025 |
|
The court held the arbitrator was functus officio and wrongly dismissed a dispute already refiled within time granted by the CMA.
Labour law – jurisdiction and limitation – effect of prior CMA order granting leave to refile – functus officio doctrine – suo motu jurisdictional objections – condonation requirements.
|
10 November 2025 |
|
A company's registered name change during proceedings must be disclosed and amended; failure renders the application incompetent.
Company law – Change of name – Registered change of corporate name during ongoing proceedings requires amendment of party’s name in record. Civil procedure – Amendment of parties – Requirement to seek leave to amend party name where registered name changes mid‑proceedings. Procedural competence – Failure to amend name after formal registration change may render an application incompetent and liable to be struck out
Evidence/authority – Court of Appeal authority: change of name results in a different entity for purposes of suing or being sued
|
10 November 2025 |
| October 2025 |
|
|
An employee who unreasonably fails to attend a disciplinary hearing cannot later rely on short notice under Rule 13(3).
Labour law – Disciplinary procedure – Notice of hearing under Rule 13(3) GN No. 42 of 2007 (minimum 48 hours) – Distinction between charge and notice of hearing – Ex parte hearings under Rule 13(6) – Waiver of procedural defect by non‑attendance and need to demonstrate prejudice.
|
28 October 2025 |
|
Application to restrain disciplinary proceedings dismissed as termination occurred before CMA referral, rendering section 37(6) inapplicable.
Labour law – section 37(6) Employment and Labour Relations Act – disciplinary/incompatibility proceedings – timing of referral to CMA – overtaken by events – abuse of process – termination – prior interlocutory ruling limiting scope of hearing.
|
24 October 2025 |
|
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
|
23 October 2025 |
|
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).
|
17 October 2025 |
|
Court upheld irregular downgrading of performance rating but reduced CMA damages from TZS 50,000,000/= to TZS 10,000,000/=.
Employment law – performance appraisal – Consistency Check Meeting as final rating authority – procedural fairness in appraisal changes – proof required for adverse findings (bad attitude) – assessment and reduction of general damages.
|
17 October 2025 |
|
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
|
15 October 2025 |
|
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.
|
10 October 2025 |
|
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
|
10 October 2025 |
|
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
|
8 October 2025 |
|
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
|
3 October 2025 |