20140225 TZHC Dar es Salaam

20140225 TZHC Dar es Salaam

The applicant's belief that he was suspended pending the outcome of the criminal case, and his subsequent actions to obtain and submit the judgment to the employer, constituted sufficient cause for the delay in filing the complaint. The CMA erred in dismissing the application for condonation without considering the legal requirement that disciplinary action should not be taken until the criminal case is finally determined.

Citation
20140225 TZHC Dar es Salaam
Parties
Applicant: Idd Rajab Mgalla; Respondent: Tanzanite One Mining Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 February 2014
Procedural Posture
Labour Revision / Judgment on Application for Revision of CMA Decision
Outcome
Application allowed; CMA proceedings and decision quashed and set aside.
Legal Topics
Unfair Termination, Extension of Time, Condonation, Employment Suspension Pending Criminal Proceedings
Source Language
English
Labour Law Unfair Termination Extension of Time Condonation Employment Suspension Pending Criminal Proceedings

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Parties

Idd Rajab Mgalla

Applicant

Tanzanite One Mining Ltd

Respondent

Procedural Posture

Labour Revision / Judgment on Application for Revision of CMA Decision

Legal Issues

  1. 1 Whether the applicant showed sufficient cause for delay in filing a complaint to the CMA
  2. 2 Whether pending criminal proceedings constitute good cause for delay in labour disputes

Ratio Decidendi

The applicant's belief that he was suspended pending the outcome of the criminal case, and his subsequent actions to obtain and submit the judgment to the employer, constituted sufficient cause for the delay in filing the complaint. The CMA erred in dismissing the application for condonation without considering the legal requirement that disciplinary action should not be taken until the criminal case is finally determined.

Court Disposition

Application allowed; CMA proceedings and decision quashed and set aside.

Orders

  • The matter is remitted to the CMA for determination of the unfair termination dispute.