agness mrefu lucumay vs the board of trustees elct north central diocese and another 2020 tzhc 3808 3 november 2020

agness mrefu lucumay vs the board of trustees elct north central diocese and another 2020 tzhc 3808 3 november 2020

The Commission for Mediation and Arbitration raised and determined the issue of the applicant's employment post suo moto without hearing the parties, violating the fundamental right to be heard. This renders the proceedings and award a nullity.

Citation
agness mrefu lucumay vs the board of trustees elct north central diocese and another 2020 tzhc 3808 3 november 2020
Parties
Applicant: Agness Mrefu Lucumay; 1st Respondent: The Board of Trustees ELTC-Noth Central Diocese; 2nd Respondent: The Secretary General ELTC-Noth Central Diocese
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 November 2020
Procedural Posture
Labour Revision Application / Judgment
Outcome
Award of the Commission for Mediation and Arbitration quashed and set aside; matter remitted for rehearing.
Legal Topics
Unfair Termination, Natural Justice, Right to Be Heard, Employment Qualification, Salary Arrears
Source Language
English
Labour Law Unfair Termination Natural Justice Right to Be Heard Employment Qualification Salary Arrears

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Parties

Agness Mrefu Lucumay

Applicant

The Board of Trustees ELTC-Noth Central Diocese

1st Respondent

The Secretary General ELTC-Noth Central Diocese

2nd Respondent

Procedural Posture

Labour Revision Application / Judgment

Legal Issues

  1. 1 Whether the applicant was condemned unheard regarding her employment post
  2. 2 Whether the applicant was entitled to salary arrears as an internal auditor

Ratio Decidendi

The Commission for Mediation and Arbitration raised and determined the issue of the applicant's employment post suo moto without hearing the parties, violating the fundamental right to be heard. This renders the proceedings and award a nullity.

Court Disposition

Award of the Commission for Mediation and Arbitration quashed and set aside; matter remitted for rehearing.

Orders

  • Record remitted to Commission for Mediation and Arbitration to hear and determine the issue of applicant's employment post and compose a new award considering all framed issues.
  • No order as to costs.