rose garden vs chrispin george mrema another 2022 tzhcld 664 13 may 2022

The Arbitrator properly found existence of employment relationship and ordered reinstatement and written contracts, but lacked jurisdiction to award arrears based on minimum wage from 2013 to 2020.

Citation: rose garden vs chrispin george mrema another 2022 tzhcld 664 13 may 2022
Parties: Applicant: Rose Garden; 1st Respondent: Chrispin George Mrema; 2nd Respondent: Constantino Hilal Luoga
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 13 May 2022
Procedural Posture: Labour Revision / Judgment
Outcome: Partially allowed
Legal Topics: Employment Relationship, Admissibility of Evidence, Minimum Wage, Jurisdiction of CMA, Remedies for Unfair Termination
Source Language: English

Labour Law Employment Relationship Admissibility of Evidence Minimum Wage Jurisdiction of CMA Remedies for Unfair Termination

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 3

Parties

Rose Garden

Applicant

Chrispin George Mrema

1st Respondent

Constantino Hilal Luoga

2nd Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

1 Whether the respondents were employed by the applicant
2 Admissibility of photocopied attendance registers as evidence
3 Jurisdiction of CMA to award arrears based on minimum wage

Ratio Decidendi

The Arbitrator properly found existence of employment relationship and ordered reinstatement and written contracts, but lacked jurisdiction to award arrears based on minimum wage from 2013 to 2020.

Court Disposition

Partially allowed

Orders

Order of CMA awarding arrears salary based on minimum wage from 2013 to 2020 set aside
Remaining part of CMA award upheld