karibueli j molla vs tanzania zambia railway authoritytazara and another 2023 tzhcld 1208 24 march 2023

karibueli j molla vs tanzania zambia railway authoritytazara and another 2023 tzhcld 1208 24 march 2023

The Labour Court lacks jurisdiction over the complainant's claim for unpaid social security contributions and retirement benefits, as such disputes must be referred to the Social Security Regulatory Division under Section 44 of the Social Security Act. The matter does not fall within the definition of 'complaint' or disputes reserved for the Labour Court under Section 94 of the Employment and Labour Relations Act.

Citation
karibueli j molla vs tanzania zambia railway authoritytazara and another 2023 tzhcld 1208 24 march 2023
Parties
Complainant: Karibueli J. Molla; 1st Respondent: Tanzania Zambia Railway Authority; 2nd Respondent: Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
24 March 2023
Procedural Posture
Labour Dispute / Ruling on Preliminary Objection
Outcome
Application dismissed for want of jurisdiction.
Legal Topics
Jurisdiction, Retirement Benefits, Public Service Act, Social Security Contributions, Exhaustion of Remedies
Source Language
English
Labour Law Administrative Law Social Security Law Jurisdiction Retirement Benefits Public Service Act Social Security Contributions Exhaustion of Remedies

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Parties

Karibueli J. Molla

Complainant

Tanzania Zambia Railway Authority

1st Respondent

Attorney General

2nd Respondent

Procedural Posture

Labour Dispute / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction over claims for unpaid social security contributions and retirement benefits by a retired public servant.
  2. 2 Whether the complainant was required to exhaust remedies under the Public Service Act or refer the dispute to the Social Security Regulatory Division.

Ratio Decidendi

The Labour Court lacks jurisdiction over the complainant's claim for unpaid social security contributions and retirement benefits, as such disputes must be referred to the Social Security Regulatory Division under Section 44 of the Social Security Act. The matter does not fall within the definition of 'complaint' or disputes reserved for the Labour Court under Section 94 of the Employment and Labour Relations Act.

Court Disposition

Application dismissed for want of jurisdiction.

Orders

  • Application dismissed for want of jurisdiction.