peter jacob weroma and others vs ako group ltd 2020 tzhc 664 24 april 2020

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
Labour Law Retrenchment Notice Requirements Trade Union Consultation Unfair Termination

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Parties

Peter Jacob Weroma and 11 Others

Applicant

AKO Group Ltd

Respondent

Procedural Posture

Labour Revision / Judgment

  1. 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.