20100928 TZHC Arusha

Failure by the CMA to follow the prescribed procedure for condonation of delay and to give reasons for its decision amounts to a material irregularity sufficient to vitiate the proceedings. Additionally, failure to identify and address the core issue of employment relationship renders the award contradictory and irregular.

Citation: 20100928 TZHC Arusha
Parties: Applicant: Unknown Applicant; Respondent: Unknown Respondent
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 28 September 2010
Procedural Posture: Labour Court Revision / Judgment on Revision
Outcome: Proceedings, award, and all orders of the CMA quashed and set aside. Dispute remitted for fresh processing according to law.
Legal Topics: Condonation of Delay, Employment Relationship, Arbitration Procedure
Source Language: English

Labour Law Condonation of Delay Employment Relationship Arbitration Procedure

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Parties

Unknown Applicant

Applicant

Unknown Respondent

Respondent

Procedural Posture

Labour Court Revision / Judgment on Revision

Legal Issues

1 Whether the Commission for Mediation and Arbitration (CMA) followed proper procedure in condoning delay
2 Whether the arbitrator identified and addressed the issue of employment relationship

Ratio Decidendi

Court Disposition

Proceedings, award, and all orders of the CMA quashed and set aside. Dispute remitted for fresh processing according to law.

Orders

CMA proceedings, award, and orders quashed and set aside.
Dispute remitted to CMA for fresh hearing, including proper consideration of limitation of time.