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Tanzania decisions
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The High Court at Tanga overruled a preliminary objection and granted extension of time to refile a revision against a CMA award, finding good cause and a curable citation defect.
The High Court dismissed a judicial review leave application as time-barred, finding it was filed well outside the six-month limit after the President’s decision.
The affidavit was verified in Dar es Salaam and attested in Shinyanga on the same date, indicating attestation was not done in the presence of the deponent, rendering the affidavit incurably defective under section 8 of the Notaries Public and Commissioner for Oaths Act. The application is incompetent and must be struck out.
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The High Court allowed a labour revision, finding unfair termination for lack of a formal charge, denied cross-examination, no supplied investigation report, and bias in the disciplinary committee.
The applicant failed to account for most of the delay, and ignorance of law is not a sufficient reason. However, the inclusion of a new charge (participation in political activities) by the appellate authority, which was not part of the original charges and on which the applicant was not heard, constitutes an apparent illegality on the face of the record. This illegality is sufficient ground to grant extension of time to apply for leave for judicial review.
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The High Court quashed a CMA award, finding the employee’s termination unfair for lack of a valid reason and flawed disciplinary procedure.
The High Court in Mwanza set aside a CMA award, holding that the employee’s termination was unfair substantively and procedurally and awarded compensation.
The respondent proved constructive termination as the applicant's actions made employment intolerable, and the respondent utilized available grievance mechanisms. However, the CMA erred by awarding compensation above the statutory minimum without providing reasons or criteria, warranting reduction to twelve months remuneration.
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The termination of the applicant was both substantively and procedurally unfair because the disciplinary committee was improperly constituted with members of lower rank, and the respondent failed to prove valid reasons for termination as required by law.
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Applicant demonstrated diligence and lack of negligence; delay was only three days and promptly addressed. Good cause shown for extension of time.
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