abel gama makwasa vs e awadh co ltd 2022 tzhcld 904 22 september 2022

abel gama makwasa vs e awadh co ltd 2022 tzhcld 904 22 september 2022

The CMA lacked jurisdiction to award compensation for workplace injury, as such claims fall under the Workers Compensation Act. The arbitrator was correct in awarding compensation for unfair termination but erred in limiting it to 12 months; given the circumstances, 24 months remuneration was appropriate. The applicant's monthly salary was correctly determined as TZS 125,000 based on the notice payment and evidence on record.

Citation
abel gama makwasa vs e awadh co ltd 2022 tzhcld 904 22 september 2022
Parties
Applicant: Abel Gama Makwasa; Respondent: E. Awadh & Co. Ltd.
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
22 September 2022
Procedural Posture
Labour Revision / Judgment
Outcome
Application partially successful
Legal Topics
Unfair Termination, Compensation for Injury, Jurisdiction of CMA, Calculation of Remuneration
Source Language
English
Labour Law Unfair Termination Compensation for Injury Jurisdiction of CMA Calculation of Remuneration

Case Brief

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Parties

Abel Gama Makwasa

Applicant

E. Awadh & Co. Ltd.

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the arbitrator erred in law and fact for failure to assign reasons for not granting the prayers sought by the applicant in CMA Form No. 1
  2. 2 Whether the arbitrator erred in fact for holding that the applicant's monthly salary was TZS 125,000 instead of TZS 250,000
  3. 3 Whether the CMA had jurisdiction to determine compensation for injury claims

Ratio Decidendi

The CMA lacked jurisdiction to award compensation for workplace injury, as such claims fall under the Workers Compensation Act. The arbitrator was correct in awarding compensation for unfair termination but erred in limiting it to 12 months; given the circumstances, 24 months remuneration was appropriate. The applicant's monthly salary was correctly determined as TZS 125,000 based on the notice payment and evidence on record.

Court Disposition

Application partially successful

Orders

  • Award of the Commission for Mediation and Arbitration set aside to the extent that compensation for unfair termination is increased to 24 months remuneration at TZS 125,000 per month
  • No compensation for injury awarded due to lack of jurisdiction