crdb 1996 ltd 1999 tzhc 23 4 march 1999

crdb 1996 ltd 1999 tzhc 23 4 march 1999

The decisions of both the Conciliation Board and the Minister were vitiated by failure to deliberate on the issue of insubordination and by breach of the rule against bias due to the improper constitution of the Board; these defects render the decisions invalid.

Citation
crdb 1996 ltd 1999 tzhc 23 4 march 1999
Parties
Applicant: CRDB (1996) Limited; Respondent: The Minister for Labour & Youth Development
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 March 1999
Procedural Posture
Miscellaneous Civil Application / Judgment on Application for Orders of Certiorari and Mandamus
Outcome
Application allowed; decisions of the Minister and Conciliation Board quashed and set aside.
Legal Topics
Certiorari, Mandamus, Natural Justice, Bias in Tribunals, Employment Dismissal, Internal Disciplinary Procedures
Source Language
English
Administrative Law Labour Law Certiorari Mandamus Natural Justice Bias in Tribunals Employment Dismissal Internal Disciplinary Procedures

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Parties

CRDB (1996) Limited

Applicant

The Minister for Labour & Youth Development

Respondent

Procedural Posture

Miscellaneous Civil Application / Judgment on Application for Orders of Certiorari and Mandamus

Legal Issues

  1. 1 Whether the decision of the Minister for Labour & Youth Development upholding the Conciliation Board's order of reinstatement was lawful
  2. 2 Whether the Conciliation Board and Minister failed to deliberate on all relevant issues, specifically insubordination
  3. 3 Whether the rule against bias was breached by the composition of the Conciliation Board

Ratio Decidendi

The decisions of both the Conciliation Board and the Minister were vitiated by failure to deliberate on the issue of insubordination and by breach of the rule against bias due to the improper constitution of the Board; these defects render the decisions invalid.

Court Disposition

Application allowed; decisions of the Minister and Conciliation Board quashed and set aside.

Orders

  • Decisions of the Minister and Conciliation Board quashed and set aside.
  • Hearing to be conducted de novo before a properly constituted Board.