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Tanzania Case Law

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Labour law Bukop

Bukop

The CMA lacked jurisdiction to arbitrate the dispute concerning the collective agreement because there was no agreement by the parties to proceed to arbitration after mediation failed, contrary to section 74 of the Employment and Labour Relations Act.

  • Collective agreements
  • Jurisdiction of cma
  • Limitation period
  • Estoppel
  • Representation before cma
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Labour law xavier f kissinda others vs tanzania zambia railway authority tazara 2023 tzca 17474 7 august 2023

xavier f kissinda others vs tanzania zambia railway authority tazara 2023 tzca 17474 7 august 2023

The Court of Appeal held that TAZARA employees were bound by a collective agreement fixing compulsory retirement at 55, and dismissed the appeal.

  • Compulsory retirement
  • Collective agreements
  • Interpretation of statutes
  • Employment contracts
  • Compulsory-retirement
  • Collective-agreements
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Labour law waziri ally mwahu another vs arusha international conference center 2022 tzhc 30 24 january 2022

waziri ally mwahu another vs arusha international conference center 2022 tzhc 30 24 january 2022

The High Court held that incentive payments can be enforceable under a collective agreement, but found the applicants were only entitled to one year’s salary, not four years.

  • Collective agreements
  • Incentive payments
  • Retirement benefits
  • Employment termination
  • Labour-law
  • Collective-agreements
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Labour law CIVIL APPELA NO 233 OF 2022 JOY L CHIDOSA VS DAR ES SALAAM WATER SUPPLU AND SANITATION AUTHORITY DAWASA

CIVIL APPELA NO 233 OF 2022 JOY L CHIDOSA VS DAR ES SALAAM WATER SUPPLU AND SANITATION AUTHORITY DAWASA

The CMA lacked jurisdiction to arbitrate the dispute after mediation failed because the matter arose from a collective agreement; all subsequent proceedings and awards were nullities.

  • Collective agreements
  • Jurisdiction of cma
  • Repatriation costs
  • Subsistence allowance
  • Termination benefits
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Labour law tanzania fertilizers company vs ayoub omary 2020 tzhc 395 18 march 2020

tanzania fertilizers company vs ayoub omary 2020 tzhc 395 18 march 2020

The collective agreement, having been implemented for years and not rectified or challenged by the applicant, is valid and enforceable; denying the respondent payment under it while others were paid constitutes discrimination.

  • Collective agreements
  • Golden handshake
  • Discrimination in employment
  • Enforceability of agreements
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Labour law 20140909 TZHC Dar es Salaam 1

20140909 TZHC Dar es Salaam 1

An employee who is about to reach compulsory retirement age can lawfully be retrenched for operational requirements if the employer follows fair and objective criteria and procedure. The employer's use of early retirement as a retrenchment criterion was lawful, and the applicant was not entitled to compulsory retirement benefits since he was not retired but retrenched. The collective agreement's enhanced benefits did not apply as the employer paid statutory benefits and a golden handshake, and financial constraints justified the retrenchment.

  • Retrenchment
  • Compulsory retirement
  • Collective agreements
  • Employment termination
  • Employee benefits
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Labour law 20051118 TZHC Dar es Salaam

20051118 TZHC Dar es Salaam

The High Court quashed an Industrial Court ruling that treated an unregistered voluntary redundancy agreement as binding, and ordered the matter to proceed afresh.

  • Judicial review
  • Employment termination
  • Collective agreements
  • Registration of agreements
  • Certiorari
  • Mandamus
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.