carolina pemba vs polyfoam company ltd 2022 tzhc 361 28 february 2022

carolina pemba vs polyfoam company ltd 2022 tzhc 361 28 february 2022

The applicant failed to provide sufficient and proven reasons for the 120-day delay in referring the dispute to the CMA. Ignorance of law and unsubstantiated claims of sickness or efforts at settlement are not valid grounds. The applicant was not denied the right to be heard, as she was given opportunities to present her case and submissions.

Citation
carolina pemba vs polyfoam company ltd 2022 tzhc 361 28 february 2022
Parties
Applicant: Carolina Pemba; Respondent: Polyfoam Company Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 February 2022
Procedural Posture
Labour Revision / Judgment on Application for Revision of CMA Decision
Outcome
Application dismissed
Legal Topics
Extension of Time, Condonation, Unfair Termination, Right to Be Heard
Source Language
English
Labour Law Extension of Time Condonation Unfair Termination Right to Be Heard

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Parties

Carolina Pemba

Applicant

Polyfoam Company Ltd

Respondent

Procedural Posture

Labour Revision / Judgment on Application for Revision of CMA Decision

Legal Issues

  1. 1 Whether the applicant demonstrated sufficient cause for condonation of late referral to the CMA
  2. 2 Whether the applicant was denied the right to be heard

Ratio Decidendi

The applicant failed to provide sufficient and proven reasons for the 120-day delay in referring the dispute to the CMA. Ignorance of law and unsubstantiated claims of sickness or efforts at settlement are not valid grounds. The applicant was not denied the right to be heard, as she was given opportunities to present her case and submissions.

Court Disposition

Application dismissed

Orders

  • Revision application dismissed
  • No order as to costs