peter jacob weroma and others vs ako group ltd 2020 tzhc 664 24 april 2020
The applicants' participation in consultation meetings satisfied the purpose of notice and consultation under section 38 of the ELRA, and the failure to provide written notice or consult the union did not render the termination unfair in the circumstances.
Source-derived case information.
- Citation
- peter jacob weroma and others vs ako group ltd 2020 tzhc 664 24 april 2020
- Parties
- Applicant: Peter Jacob Weroma and 11 Others; Respondent: AKO Group Ltd
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 24 April 2020
- Procedural Posture
- Labour Revision / Judgment
- Outcome
- Application dismissed; CMA award upheld.
- Legal Topics
- Retrenchment, Notice Requirements, Trade Union Consultation, Unfair Termination
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Jacob Weroma and 11 Others
Applicant
AKO Group Ltd
Respondent
Procedural Posture
Labour Revision / Judgment
Legal Issues
- 1 Whether the applicants were unfairly terminated due to lack of notice and failure to consult the trade union as required by law
Ratio Decidendi
The applicants' participation in consultation meetings satisfied the purpose of notice and consultation under section 38 of the ELRA, and the failure to provide written notice or consult the union did not render the termination unfair in the circumstances.
Court Disposition
Application dismissed; CMA award upheld.
Orders
- Application dismissed.
- CMA award upheld.
Full Case Text
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