20130621 TZHC Dar es Salaam

20130621 TZHC Dar es Salaam

The arbitrator erred by failing to determine the preliminary objection on limitation of time, which is a jurisdictional issue, before proceeding to the merits of the dispute. The award is quashed and the matter remitted to the CMA to first determine the preliminary objection.

Citation
20130621 TZHC Dar es Salaam
Parties
Applicant: Small Industries Development Organisation; Respondent: Edwin A. Mwangulu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 June 2013
Procedural Posture
Labour Revision / Judgment on Application for Revision of Arbitration Award
Outcome
application allowed
Legal Topics
Severance Pay, Retirement Benefits, Preliminary Objection, Jurisdiction, Limitation of Actions
Source Language
English
Labour Law Severance Pay Retirement Benefits Preliminary Objection Jurisdiction Limitation of Actions

Case Brief

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Parties

Small Industries Development Organisation

Applicant

Edwin A. Mwangulu

Respondent

Procedural Posture

Labour Revision / Judgment on Application for Revision of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator erred in awarding severance pay to a retired employee
  2. 2 Whether the arbitrator failed to determine preliminary objections regarding jurisdiction and limitation of time

Ratio Decidendi

The arbitrator erred by failing to determine the preliminary objection on limitation of time, which is a jurisdictional issue, before proceeding to the merits of the dispute. The award is quashed and the matter remitted to the CMA to first determine the preliminary objection.

Court Disposition

application allowed

Orders

  • CMA award quashed and set aside
  • Matter remitted to CMA to determine preliminary objection before merits