abdi kilenga and others vs national poultry company napoco and others 2020 tzhcld 412 21 october 2020

abdi kilenga and others vs national poultry company napoco and others 2020 tzhcld 412 21 october 2020

The Commission for Mediation and Arbitration award was improperly procured as the Applicants were not paid salary arrears for the period between 26th October, 1996 and 8th January, 1999. The termination was lawful as it was effected by payment of a month’s salary in lieu of notice, but the Applicants are entitled to 26 months and two weeks’ salary arrears, to be paid by the Government through the Treasury Registrar.

Citation
abdi kilenga and others vs national poultry company napoco and others 2020 tzhcld 412 21 october 2020
Parties
Applicant: Abdi Kilenga & 47 Others; 1st Respondent: National Poultry Company (NAPOCO); 2nd Respondent: James Maugo (Receiver Manager); 3rd Respondent: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
21 October 2020
Procedural Posture
Labour Revision / Judgment
Outcome
Application for revision allowed; CMA award set aside.
Legal Topics
Unlawful Termination, Terminal Benefits, Collective Bargaining Agreement, Receivership, Salary Arrears
Source Language
English
Labour Law Unlawful Termination Terminal Benefits Collective Bargaining Agreement Receivership Salary Arrears

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Parties

Abdi Kilenga & 47 Others

Applicant

National Poultry Company (NAPOCO)

1st Respondent

James Maugo (Receiver Manager)

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether there was misconduct on the part of the Arbitrator
  2. 2 Whether the award was improperly procured
  3. 3 Whether the termination of Applicants' employment is unlawful

Ratio Decidendi

The Commission for Mediation and Arbitration award was improperly procured as the Applicants were not paid salary arrears for the period between 26th October, 1996 and 8th January, 1999. The termination was lawful as it was effected by payment of a month’s salary in lieu of notice, but the Applicants are entitled to 26 months and two weeks’ salary arrears, to be paid by the Government through the Treasury Registrar.

Court Disposition

Application for revision allowed; CMA award set aside.

Orders

  • Applicants to be paid by Government through Treasury Registrar a total of 26 months and two weeks’ salary arrears, calculated on the last salary amount paid prior to termination.
  • Each party to bear its own costs.