raha ltd vs steven rwelamila 2 other 2022 tzhcld 971 11 october 2022

raha ltd vs steven rwelamila 2 other 2022 tzhcld 971 11 october 2022

CMA had no jurisdiction to determine the dispute as it was filed out of time and leave to file a fresh referral was granted without affording parties the right to be heard or a formal application for condonation.

Citation
raha ltd vs steven rwelamila 2 other 2022 tzhcld 971 11 october 2022
Parties
Applicant: Raha Limited; 1st Respondent: Steven Rwelamila; 2nd Respondent: Shemsa Selemani; 3rd Respondent: Khalid Mkombwa
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
11 October 2022
Procedural Posture
Revision Application / Judgment
Outcome
CMA proceedings nullified, award quashed and set aside.
Legal Topics
Retrenchment, Unfair Termination, Jurisdiction, Limitation of Time, Natural Justice
Source Language
English
Labour Law Retrenchment Unfair Termination Jurisdiction Limitation of Time Natural Justice

Case Brief

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Parties

Raha Limited

Applicant

Steven Rwelamila

1st Respondent

Shemsa Selemani

2nd Respondent

Khalid Mkombwa

3rd Respondent

Procedural Posture

Revision Application / Judgment

Legal Issues

  1. 1 Whether the Commission for Mediation and Arbitration (CMA) had jurisdiction to determine the dispute given the limitation of time
  2. 2 Whether the arbitrator erred in granting leave to file a fresh referral without affording parties the right to be heard
  3. 3 Whether the award for compensation and damages was justified

Ratio Decidendi

CMA had no jurisdiction to determine the dispute as it was filed out of time and leave to file a fresh referral was granted without affording parties the right to be heard or a formal application for condonation.

Court Disposition

CMA proceedings nullified, award quashed and set aside.

Orders

  • CMA proceedings are nullified.
  • Award arising from CMA is quashed and set aside.