19990304 TZHC Dar es Salaam

19990304 TZHC Dar es Salaam

The decisions of both the Conciliation Board and the Minister were vitiated by bias and failure to deliberate on all relevant issues, specifically the question of insubordination, rendering their decisions invalid.

Citation
19990304 TZHC Dar es Salaam
Parties
Applicant: CRDB (1996) Limited; Respondent: The Minister for Labour & Youth Development
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 March 1999
Procedural Posture
Misc. Civil Application / Judgment
Outcome
Application allowed; decisions of the Conciliation Board and Minister quashed and set aside.
Legal Topics
Certiorari, Mandamus, Natural Justice, Bias in Tribunals, Employment Dismissal, Internal Disciplinary Procedures
Source Language
English
Administrative Law Labour Law Certiorari Mandamus Natural Justice Bias in Tribunals Employment Dismissal Internal Disciplinary Procedures

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Parties

CRDB (1996) Limited

Applicant

The Minister for Labour & Youth Development

Respondent

Procedural Posture

Misc. Civil Application / Judgment

Legal Issues

  1. 1 Whether the decision of the Minister and Conciliation Board was tainted by bias
  2. 2 Whether the Board and Minister failed to deliberate on all relevant issues, specifically insubordination
  3. 3 Whether the transfer of Martin Rutahakana was properly effected under internal regulations

Ratio Decidendi

The decisions of both the Conciliation Board and the Minister were vitiated by bias and failure to deliberate on all relevant issues, specifically the question of insubordination, rendering their decisions invalid.

Court Disposition

Application allowed; decisions of the Conciliation Board and Minister quashed and set aside.

Orders

  • Decisions of the Conciliation Board and Minister/Respondent are quashed and set aside.
  • Hearing to be conducted de novo before a properly constituted Board.