share tanzania vs thomas charles mmary and 11 others 2023 tzhc 23325 8 december 2023

share tanzania vs thomas charles mmary and 11 others 2023 tzhc 23325 8 december 2023

The applicant's issuance of three months unpaid leave without prior consultation and written notification to the respondents constituted unfair labour practice under section 15(4) of the Employment and Labour Relations Act. The applicant failed to establish economic hardship as justification and did not follow lawful procedures. The Arbitrator's order for reinstatement and payment of salaries was legally correct.

Citation
share tanzania vs thomas charles mmary and 11 others 2023 tzhc 23325 8 december 2023
Parties
Applicant: Share Tanzania; 1st Respondent: Thomas Charles Mmary; 2nd Respondent: Domise Mushi; 3rd Respondent: Veneranda Vedastus Fumbuka; 4th Respondent: Violeth Gibson Mchau; 5th Respondent: Habiba Hamis Tindwa; 6th Respondent: Solomon Daud Banati; 7th Respondent: Stella Ernest Tesha; 8th Respondent: Emigred John Msaki; 9th Respondent: Zaituni Abdully Mruma; 10th Respondent: Eliya Isamil Msofe; 11th Respondent: Michael Philipo; 12th Respondent: Samwel Longida Meigwani
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 December 2023
Procedural Posture
Labour Revision / Judgment
Outcome
Application dismissed
Legal Topics
Unfair Labour Practice, Unpaid Leave, Employment Contract Variation, Consultation Requirement, Remedies for Unfair Labour Practice
Source Language
English
Labour Law Unfair Labour Practice Unpaid Leave Employment Contract Variation Consultation Requirement Remedies for Unfair Labour Practice

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Parties

Share Tanzania

Applicant

Thomas Charles Mmary

1st Respondent

Domise Mushi

2nd Respondent

Veneranda Vedastus Fumbuka

3rd Respondent

Violeth Gibson Mchau

4th Respondent

Habiba Hamis Tindwa

5th Respondent

Solomon Daud Banati

6th Respondent

Stella Ernest Tesha

7th Respondent

Emigred John Msaki

8th Respondent

Zaituni Abdully Mruma

9th Respondent

Eliya Isamil Msofe

10th Respondent

Michael Philipo

11th Respondent

Samwel Longida Meigwani

12th Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the applicant committed unfair labour practice by issuing unpaid leave without consultation and notification
  2. 2 Whether the respondents are entitled to reinstatement and payment of salaries for the period of unpaid leave

Ratio Decidendi

The applicant's issuance of three months unpaid leave without prior consultation and written notification to the respondents constituted unfair labour practice under section 15(4) of the Employment and Labour Relations Act. The applicant failed to establish economic hardship as justification and did not follow lawful procedures. The Arbitrator's order for reinstatement and payment of salaries was legally correct.

Court Disposition

Application dismissed

Orders

  • Respondents to be reinstated to work
  • Respondents to be paid salaries for the period of unpaid leave and the period of prosecuting the matter