20130924 TZHC Mwanza1

20130924 TZHC Mwanza1

The CMA lacked jurisdiction to entertain the matter; only the Labour Commissioner could move the court for enforcement of the compliance order. The application was not out of time as the applicant acted within 60 days of learning the salary and after termination.

Source-derived case information.

Citation
20130924 TZHC Mwanza1
Parties
Applicant: Paul Vicent; Respondent: Sherally Transport Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 September 2013
Procedural Posture
Labour Revision / Ruling on Preliminary Objection
Outcome
CMA proceedings and award quashed; applicant directed to move the Labour Commissioner to enforce the compliance order.
Legal Topics
Compliance Order Enforcement, Jurisdiction of CMA, Wage Arrears, Termination of Employment
Source Language
english
Labour Law Compliance Order Enforcement Jurisdiction of CMA Wage Arrears Termination of Employment

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Parties

Paul Vicent

Applicant

Sherally Transport Ltd

Respondent

Procedural Posture

Labour Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the CMA had jurisdiction to entertain the complaint regarding enforcement of the compliance order
  2. 2 Whether the application was filed out of time

Ratio Decidendi

The CMA lacked jurisdiction to entertain the matter; only the Labour Commissioner could move the court for enforcement of the compliance order. The application was not out of time as the applicant acted within 60 days of learning the salary and after termination.

Court Disposition

CMA proceedings and award quashed; applicant directed to move the Labour Commissioner to enforce the compliance order.

Orders

  • CMA proceedings and award quashed
  • Applicant to move the Labour Commissioner to enforce the compliance order under Section 46(6) of the Labour Institutions Act