20170922 TZHC Mwanza

20170922 TZHC Mwanza

The court found that the consultative meeting had a sufficient quorum and that the selection criteria for retrenchment were not limited to age but included other factors such as disestablishment of departments. Therefore, the grounds of appeal lacked merit.

Citation
20170922 TZHC Mwanza
Parties
Appellants: Raphael Mataba & 24 Others; 1st Respondent: Marine Services Company Limited; 2nd Respondent: The Treasury Registrar
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 September 2017
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Retrenchment, Collective Agreement, Consultation Requirements, Selection Criteria for Termination
Source Language
English

Case Brief

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Parties

Raphael Mataba & 24 Others

Appellants

Marine Services Company Limited

1st Respondent

The Treasury Registrar

2nd Respondent

Procedural Posture

Civil Appeal / Judgment

  1. 1 Whether section 6(1)(g) of the Security for Employment Act was complied with in the termination of the appellants
  2. 2 Whether the selection criteria in the Collective Agreement between TRAWU and TRC were complied with

Ratio Decidendi

The court found that the consultative meeting had a sufficient quorum and that the selection criteria for retrenchment were not limited to age but included other factors such as disestablishment of departments. Therefore, the grounds of appeal lacked merit.

Court Disposition

Appeal dismissed

Orders

  • Appeal is dismissed.