security group tanzania ltd vs samson yakobo others 2020 tzca 6 16 january 2020

security group tanzania ltd vs samson yakobo others 2020 tzca 6 16 january 2020

The complaint was properly filed as a joint claim under the specific labour law provisions, not requiring leave for a representative suit. The retrenchment was unfair due to lack of proper consultation with the employees as required by law. Evidence by some complainants was sufficient since the claim was common to all.

Citation
security group tanzania ltd vs samson yakobo others 2020 tzca 6 16 january 2020
Parties
Appellant: Security Group (T) Ltd; Respondents: Samson Yakobo and 10 others
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 January 2020
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Unfair Termination, Retrenchment, Representative Suits in Labour Disputes, Consultation Requirements in Retrenchment
Source Language
English
Labour Law Unfair Termination Retrenchment Representative Suits in Labour Disputes Consultation Requirements in Retrenchment

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Parties

Security Group (T) Ltd

Appellant

Samson Yakobo and 10 others

Respondents

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the complaint before the CMA was properly filed as a representative suit without leave
  2. 2 Whether the retrenchment of the respondents was unfair for lack of proper consultation
  3. 3 Whether evidence by some complainants suffices for all in a joint labour dispute

Ratio Decidendi

The complaint was properly filed as a joint claim under the specific labour law provisions, not requiring leave for a representative suit. The retrenchment was unfair due to lack of proper consultation with the employees as required by law. Evidence by some complainants was sufficient since the claim was common to all.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed in its entirety
  • No order as to costs