rehema mafaume na wenzake wawili vs dar es salaam city council 2022 tzhcld 848 9 september 2022

rehema mafaume na wenzake wawili vs dar es salaam city council 2022 tzhcld 848 9 september 2022

The Commission for Mediation and Arbitration erred by relying solely on a report (R1) without producing the alleged forged certificate as evidence. The applicant possessed a valid technical certificate from Mgulani, and there was no sufficient proof of forgery. The dismissal was not justified under the applicable...

Source-derived case information.

Citation
rehema mafaume na wenzake wawili vs dar es salaam city council 2022 tzhcld 848 9 september 2022
Parties
Applicant: Rehema Mfaume; Applicant: Lucy Mongi; Applicant: Lydia Mwakasege; Respondent: Dar es Salaam City Council
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
9 September 2022
Procedural Posture
Labour Revision / Final Judgment
Outcome
application allowed in part
Legal Topics
Termination of Employment, Qualification Requirements, Forgery of Certificates, Public Service Regulations
Source Language
en
Labour Law Termination of Employment Qualification Requirements Forgery of Certificates Public Service Regulations

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Parties

Rehema Mfaume

Applicant

Lucy Mongi

Applicant

Lydia Mwakasege

Applicant

Dar es Salaam City Council

Respondent

Procedural Posture

Labour Revision / Final Judgment

  1. 1 Whether there was evidence to prove Rehema Mfaume forged a VETA certificate
  2. 2 Whether the applicants should have been reinstated based on qualification requirements

Ratio Decidendi

The Commission for Mediation and Arbitration erred by relying solely on a report (R1) without producing the alleged forged certificate as evidence. The applicant possessed a valid technical certificate from Mgulani, and there was no sufficient proof of forgery. The dismissal was not justified under the applicable public service regulations.

Court Disposition

application allowed in part

Orders

  • The Commission's decision of 15 April 2020 against Rehema Mfaume is set aside.
  • The Commission's decision of 31 October 2017 reinstating Rehema Mfaume remains in force.