james kapyata vs mcc ltd 2020 tzhcld 130 3 july 2020
The Commission for Mediation and Arbitration proceeded to arbitrate a dispute concerning a collective bargaining agreement without jurisdiction, as mediation had failed and there was no agreement between parties to arbitrate; only the Labour Court had jurisdiction to adjudicate the dispute.
- Citation
- james kapyata vs mcc ltd 2020 tzhcld 130 3 july 2020
- Parties
- Applicant: James Kapyata; Respondent: MCC Limited
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 3 July 2020
- Procedural Posture
- Labour Revision / Final Judgment
- Outcome
- revision allowed
- Legal Topics
- Jurisdiction, Collective Bargaining Agreement, Mediation, Arbitration
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
James Kapyata
Applicant
MCC Limited
Respondent
Procedural Posture
Labour Revision / Final Judgment
Legal Issues
- 1 Whether the Commission for Mediation and Arbitration had jurisdiction to arbitrate a dispute concerning the implementation of a collective bargaining agreement
Ratio Decidendi
The Commission for Mediation and Arbitration proceeded to arbitrate a dispute concerning a collective bargaining agreement without jurisdiction, as mediation had failed and there was no agreement between parties to arbitrate; only the Labour Court had jurisdiction to adjudicate the dispute.
Court Disposition
revision allowed
Orders
- arbitration proceedings in labour dispute no. CMA/DSM/TEM/253/2016 before the Commission quashed
- Commission's Award set aside
Full Case Text
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