tanzania national roads agency vs godo ramadhani biwi 2020 tzhcld 14 30 march 2020
The Commission for Mediation and Arbitration lacked jurisdiction as the respondent failed to exhaust statutory remedies under the Public Service Act before filing the dispute, rendering the proceedings and award null and void.
Source-derived case information.
- Citation
- tanzania national roads agency vs godo ramadhani biwi 2020 tzhcld 14 30 march 2020
- Parties
- Applicant: Tanzania National Roads Agency; Respondent: Godo Ramadhani Biwi
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 30 March 2020
- Procedural Posture
- Labour Revision / Ruling on Jurisdiction
- Outcome
- Proceedings quashed and award set aside for want of jurisdiction.
- Legal Topics
- Jurisdiction, Exhaustion of Remedies, Public Service Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tanzania National Roads Agency
Applicant
Godo Ramadhani Biwi
Respondent
Procedural Posture
Labour Revision / Ruling on Jurisdiction
Legal Issues
- 1 Whether the Commission for Mediation and Arbitration had jurisdiction to determine the dispute without exhaustion of remedies under the Public Service Act
Ratio Decidendi
The Commission for Mediation and Arbitration lacked jurisdiction as the respondent failed to exhaust statutory remedies under the Public Service Act before filing the dispute, rendering the proceedings and award null and void.
Court Disposition
Proceedings quashed and award set aside for want of jurisdiction.
Orders
- Proceedings in labour dispute No. CMA/PWN/KBH/14/2018 quashed.
- Award set aside.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA LABOUR DIVISION AT DAR ES SALAAM REVISION NO. 501 OF 2018 TANZANIA NATIONAL ROADS AGENCY.................. APPLICANT VERSUS GODO RAMADHANI BIWI...................................RESPONDENT RULING Date of last Order: 26/02/2020 Date of Ruling: 30/03/2020 Z.G.Muruke. J Respondent cause of action arose in 30th September, 2017. Public Service Act was amended on 15th November, 2016 vide written Misc. Amendment number 3 of 2016. Section 26 amended Section 32 of Public Service Act by inserting new Section 32(A) which requires that Public Servant to exhaust all remedies available under Public Service Act before filing labour dispute in terms of labour laws. Applicant filed revision among other grounds is issue of jurisdiction of Commission for Mediation and Arbitration to determine respondent dispute. When court asked respondent counsel on the jurisdictional of CMA to determine the dispute, Mr. Noel Nchimbi rightly conceded to the anomaly. On the other hand, applicant counsel Mr. Luka Shishila argued the the court to quash the CMA proceedings and set aside the award on account of lack of jurisdiction to determine the dispute. For clarity section 32(A) of Public Service Act provides as follows:- A public servant shall prior to seeking remedies provided for in labour laws, exhaust all remedies as provided for under the Act. Respondent filed direct the dispute at Commission for Mediation and Arbitration. It is obvious that labour dispute number CMA/PWN/KBH /14/2018 was determined without jurisdiction. Any matter that is adjudicated without jurisdiction, ought to be quashed. Accordingly, proceedings in labour dispute No. CMA/PWN/KBH/14/2018 is quashed and award is set aside. Respondent if still interested can pursue his claims in appropriate forum. JUDGE 30/03/2020 Ruling delivered in presence of Luka Shishila for the applicant and Noel Nchimbi for the respondent, and in the Dresence of respondent. Z.G.Muruke JUDGE 30/03/2020