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Tanzania decisions
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The court held that the principles of unfair termination apply to fixed term contracts exceeding six months, and the applicant was entitled to bring a claim for unfair termination before the CMA. The Arbitrator's decision to strike out the application for incompetence was incorrect.
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The High Court Labour Division lacks original jurisdiction to grant interim injunctions in matters pending before the CMA; such applications must be made to the CMA, and the Labour Court's jurisdiction arises only upon revision. Granting the application would interfere with the CMA's mandate and contradict the statutory scheme under the ELRA.
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The application was filed out of time, depriving the court of jurisdiction; the proper remedy is dismissal, not striking out, as established by binding Court of Appeal precedents.
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The Court of Appeal set aside a TZS 70 million defamation award, holding the respondent failed to prove the appellant published the online statements.
The revision was filed within the statutory period as it was registered electronically on 2/8/2021, in compliance with the Electronic Filing Rules, which supersede the previous requirement for physical filing and exchequer receipt as proof of filing. The preliminary objection is without merit and is dismissed.
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The applicants failed to satisfy the second and third criteria for grant of a temporary injunction. There was no sufficient evidence of irreparable loss that could not be compensated by monetary damages, as the respondent companies are Tanzanian entities with ongoing business and assets. The applicants also failed to show that the balance of convenience favoured them, as there was no proof that the respondents intended to dispose of the property in a manner that would frustrate any future award. Therefore, the application for a temporary injunction was dismissed for lack of merit.
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The High Court at Mwanza stayed execution of an award pending determination of a labour revision, noting the respondents did not oppose the application.
The High Court held the strike was unlawful, but the employer’s failure to prove proper hearing before dismissal made the termination procedurally unfair.
High Court ruling dismissing an application for leave to appeal to the Court of Appeal in a labour dispute, finding no triable contentious issue or public importance.
The High Court revised a CMA award, finding the applicants’ dismissal unfair because the alleged threats were unproved and the strike ended once wages were paid.
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