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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether section 6(1)(g) of the Security for Employment Act was complied with in the termination of the appellants
- 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.
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