20140728 TZHC Mwanza

20140728 TZHC Mwanza

The mediated agreement was not clear or concise, failed to specify terms, and did not comply with statutory requirements, amounting to material irregularity justifying revision.

Citation
20140728 TZHC Mwanza
Parties
Applicant: Charles Petro; Respondent: St. Carol Institution
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 July 2014
Procedural Posture
Labour Revision / Judgment
Outcome
Application allowed; mediated agreement quashed; dispute remitted for fresh mediation.
Legal Topics
Mediated Agreement, Revision of Settlement, Jurisdiction of CMA, Material Irregularity
Source Language
English
Labour Law Mediated Agreement Revision of Settlement Jurisdiction of CMA Material Irregularity

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Parties

Charles Petro

Applicant

St. Carol Institution

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether a Mediated Agreement issued by the CMA can be revised by the Court
  2. 2 What circumstances justify revision of such agreements
  3. 3 Whether circumstances justifying revision exist in this application

Ratio Decidendi

The mediated agreement was not clear or concise, failed to specify terms, and did not comply with statutory requirements, amounting to material irregularity justifying revision.

Court Disposition

Application allowed; mediated agreement quashed; dispute remitted for fresh mediation.

Orders

  • The impugned mediated agreement is quashed.
  • The same mediator is ordered to commence mediation afresh as per Section 86(8) of the Act.