20131202 TZHC Musoma

20131202 TZHC Musoma

The mediated award was vague and incapable of execution; the employee is entitled to salaries for February 2010 to March 2012 as the employer failed to pay during suspension without termination, contrary to law.

Citation
20131202 TZHC Musoma
Parties
Applicant: S&C Ginning Co. Ltd; Respondent: Simon Mboje Balya
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 December 2013
Procedural Posture
Misc. Labour Application / Ruling on Application for Interpretation of Mediated Award
Outcome
Application dismissed; mediated award quashed; employer ordered to pay employee salaries for February 2010 to March 2012.
Legal Topics
Mediated Awards, Interpretation of Awards, Employee Remuneration, Constructive Termination, Suspension Pending Criminal Proceedings
Source Language
English
Labour Law Mediated Awards Interpretation of Awards Employee Remuneration Constructive Termination Suspension Pending Criminal Proceedings

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Parties

S&C Ginning Co. Ltd

Applicant

Simon Mboje Balya

Respondent

Procedural Posture

Misc. Labour Application / Ruling on Application for Interpretation of Mediated Award

Legal Issues

  1. 1 Whether the mediated award issued by CMA is vague and executable
  2. 2 Whether the employee is entitled to unpaid salaries for February 2010 to March 2012

Ratio Decidendi

The mediated award was vague and incapable of execution; the employee is entitled to salaries for February 2010 to March 2012 as the employer failed to pay during suspension without termination, contrary to law.

Court Disposition

Application dismissed; mediated award quashed; employer ordered to pay employee salaries for February 2010 to March 2012.

Orders

  • The mediated award dated 13/4/2012 is quashed and set aside.
  • Applicant to pay respondent salaries due from February 2010 to March 2012.