SOLOMON ODO HAULE V

SOLOMON ODO HAULE V

The dispute was improperly filed at CMA due to a defective CMA F1, making the proceedings and award a nullity. Reliefs under section 40 of Cap. 366 R.E. 2019 are not available to probationers.

Citation
SOLOMON ODO HAULE V
Parties
Applicant/respondent: Solomon Odo Haule; Respondent/applicant: China Deshang Bank Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Labour Revision / Judgment
Outcome
CMA proceedings nullified, award quashed and set aside.
Legal Topics
Probationary Employment, Unfair Labour Practices, Procedural Fairness, Termination of Employment
Source Language
English
Labour Law Probationary Employment Unfair Labour Practices Procedural Fairness Termination of Employment

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Parties

Solomon Odo Haule

Applicant/respondent

China Deshang Bank Limited

Respondent/applicant

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the dispute was properly filed at CMA
  2. 2 Whether CMA F1 was defective and made the dispute incompetent
  3. 3 Whether a probationer is entitled to reinstatement and compensation for breach of contract

Ratio Decidendi

The dispute was improperly filed at CMA due to a defective CMA F1, making the proceedings and award a nullity. Reliefs under section 40 of Cap. 366 R.E. 2019 are not available to probationers.

Court Disposition

CMA proceedings nullified, award quashed and set aside.

Orders

  • CMA proceedings nullified
  • CMA award quashed and set aside