amon mollel vs sunny safaris ltd 2022 tzhc 13610 30 september 2022

amon mollel vs sunny safaris ltd 2022 tzhc 13610 30 september 2022

The delay in delivering the CMA award beyond 30 days did not occasion a miscarriage of justice and is not a ground to set aside the award. The evidence supported the finding that the applicant was fairly and procedurally terminated. Reliefs for unfair termination do not apply where termination is found to be fair.

Citation
amon mollel vs sunny safaris ltd 2022 tzhc 13610 30 september 2022
Parties
Applicant: Amon Mollel; Respondent: Sunny Safaris Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 September 2022
Procedural Posture
Labour Revision Application / Judgment
Outcome
Application dismissed; CMA award upheld.
Legal Topics
Unfair Termination, Procedural Fairness in Termination, Delay in Delivery of Arbitral Award, Reliefs for Unfair Termination
Source Language
English
Labour Law Unfair Termination Procedural Fairness in Termination Delay in Delivery of Arbitral Award Reliefs for Unfair Termination

Case Brief

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Parties

Amon Mollel

Applicant

Sunny Safaris Ltd

Respondent

Procedural Posture

Labour Revision Application / Judgment

Legal Issues

  1. 1 Whether the CMA failed to evaluate the evidence on record resulting in an erroneous decision
  2. 2 Whether the CMA failed to deliver its award within the statutory time limit
  3. 3 Whether the CMA failed to consider all prayers made by the applicant

Ratio Decidendi

The delay in delivering the CMA award beyond 30 days did not occasion a miscarriage of justice and is not a ground to set aside the award. The evidence supported the finding that the applicant was fairly and procedurally terminated. Reliefs for unfair termination do not apply where termination is found to be fair.

Court Disposition

Application dismissed; CMA award upheld.

Orders

  • The award of the Commission for Mediation and Arbitration is upheld.