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Tanzania decisions
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The High Court Labour Division recorded a consent judgment settling an employment dispute on agreed terms: TZS 3,000,000 and a certificate of service.
The applicant failed to follow the required disciplinary procedures for termination, specifically by not conducting a disciplinary hearing or making reasonable efforts to trace the respondent. The law allows for a hearing in the absence of the employee, but the applicant did not utilize this provision. Therefore, the termination was procedurally unfair.
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The High Court recorded a consent judgment settling the labour revision after the parties agreed to a full and final payment of TZS 1,500,000 and related terms.
The delay between the striking out of the first application and the filing of the present application constitutes a technical delay, which is excusable. The six days taken to prepare and file the application after obtaining the necessary documents is reasonable and justified. The application is granted as the applicant has shown sufficient cause for extension of time.
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The 3rd respondent lacked proper mandate to represent ex-employees in negotiation and settlement due to absence of written notice to the Registrar as required by law; the purported representation and resulting Deed of Settlement were a nullity; confusion in party names and numbers further undermined proceedings.
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The Court of Appeal granted an extension of time after finding a 10-day delay sufficiently explained by counsel’s advice to pursue revision instead of appeal.
The applicant's claim for overtime pay was time-barred as it was not brought within sixty days of the claim arising, as required by law.
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The High Court quashed a CMA award after finding the referral form was defective and mixed unfair demotion with constructive termination without proper pleadings.
The Court of Appeal of Tanzania dismissed a malicious prosecution claim by security guards, holding that the report to police was made on reasonable and probable cause without malice.
The High Court dismissed a labour revision application, upholding an award for unpaid minimum wages and Tshs. 1,000,000 in costs for frivolous defence.
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