20130802 TZHC Iringa 1

20130802 TZHC Iringa 1

The dispute was not pending before the Industrial Court of Tanzania before it became defunct in 2007 and was referred to the Commission for Mediation and Arbitration out of the prescribed time. The CMA had no jurisdiction to determine the dispute as it was time barred.

Citation
20130802 TZHC Iringa 1
Parties
Applicant: TANAPA; Respondent: Issac Muro
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 August 2013
Procedural Posture
Labour Revision / Judgment
Outcome
Application allowed; CMA decision quashed and set aside.
Legal Topics
Limitation Period, Jurisdiction, Fairness of Termination, Procedure for Dispute Referral
Source Language
English
Labour Law Limitation Period Jurisdiction Fairness of Termination Procedure for Dispute Referral

Case Brief

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Parties

TANAPA

Applicant

Issac Muro

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the dispute was time barred when referred to the Commission for Mediation and Arbitration (CMA)
  2. 2 Whether the CMA had jurisdiction to determine the dispute

Ratio Decidendi

The dispute was not pending before the Industrial Court of Tanzania before it became defunct in 2007 and was referred to the Commission for Mediation and Arbitration out of the prescribed time. The CMA had no jurisdiction to determine the dispute as it was time barred.

Court Disposition

Application allowed; CMA decision quashed and set aside.

Orders

  • The decision of the Arbitrator of the CMA is quashed and set aside.