20131202 TZHC Mwanza3

It is not legal for a former employee of the Commission to issue an award after ceasing employment; such an award is improperly procured and subject to revision.

Citation: 20131202 TZHC Mwanza3
Parties: Applicant: St. Mary International Sec. School; Respondent: Dokela James
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 2 December 2013
Procedural Posture: Labour Revision / Judgment
Outcome: Award set aside as improperly procured.
Legal Topics: Improper Procurement of Arbitral Award, Jurisdiction of Arbitrator After Cessation of Employment, Time Limits for Issuing Arbitral Awards
Source Language: English

Labour Law Improper Procurement of Arbitral Award Jurisdiction of Arbitrator After Cessation of Employment Time Limits for Issuing Arbitral Awards

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Parties

St. Mary International Sec. School

Applicant

Dokela James

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

1 Whether an arbitrator can issue an award after ceasing to be an employee of the Commission for Mediation and Arbitration
2 Whether an award issued after the statutory period is valid

Ratio Decidendi

It is not legal for a former employee of the Commission to issue an award after ceasing employment; such an award is improperly procured and subject to revision.

Court Disposition

Award set aside as improperly procured.

Orders

The impugned award is revised and set aside.