hussein kilango others vs swissport international another 2021 tzhcld 352 23 august 2021

hussein kilango others vs swissport international another 2021 tzhcld 352 23 august 2021

There was no valid condonation granted by CMA; documents purporting to show condonation were found to be forgeries; not all applicants consented to representation; the complaint was filed out of time and without proper jurisdiction; proceedings violated the right to be heard for non-consenting applicants.

Citation
hussein kilango others vs swissport international another 2021 tzhcld 352 23 august 2021
Parties
Applicants: Hussein Kilango, Abdul Yahaya Malipula and David Mwaipyana (on their own behalf and in representative capacity on behalf of 106 others); 1st Respondent: Swissport International; 2nd Respondent: Swissport Tanzania PLC
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
23 August 2021
Procedural Posture
Labour Revision / Judgment
Outcome
CMA proceedings nullified
Legal Topics
Condonation of Delay, Jurisdiction, Right to Be Heard, Forgery of Documents, Representative Actions
Source Language
English
Labour Law Condonation of Delay Jurisdiction Right to Be Heard Forgery of Documents Representative Actions

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Parties

Hussein Kilango, Abdul Yahaya Malipula and David Mwaipyana (on their own behalf and in representative capacity on behalf of 106 others)

Applicants

Swissport International

1st Respondent

Swissport Tanzania PLC

2nd Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the complaint was properly filed at CMA
  2. 2 Whether the arbitrator erred in dismissing the complaint as time-barred
  3. 3 Whether condonation was validly granted

Ratio Decidendi

There was no valid condonation granted by CMA; documents purporting to show condonation were found to be forgeries; not all applicants consented to representation; the complaint was filed out of time and without proper jurisdiction; proceedings violated the right to be heard for non-consenting applicants.

Court Disposition

CMA proceedings nullified

Orders

  • The entire CMA proceedings are nullified.
  • No order as to costs.