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The High Court nullified CMA clarification proceedings, holding the notice was improperly signed and the arbitrator lacked jurisdiction to revise and recalculate the award.
The employer's refusal to reinstate and payment of compensation is lawful under section 42(5) of the Security of Employment Act; the High Court's confirmation of the trial magistrate's order is correct and unblemished.
Source excerpt
The High Court struck out UAP Insurance’s revision application as incompetent because it challenged an execution application filed by the respondents, not by the applicant.
The respondent's terminal benefits must be computed based on the salary attached to the post of Senior Accounts Assistant (TTCL 8 salary scale, TZS 946,364.00), not Revenue Assurance Analyst (TTCL 6). The Labour Court erred by varying the main decision and awarding a higher salary scale than the respondent was entitled to before termination.
Source excerpt
Court of Appeal held section 40(3) of the Employment and Labour Relations Act applies to unfair termination, not unfair demotion, and restored reinstatement.
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