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Tanzania decisions
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The CMA did not grant leave to file a time-barred application for setting aside ex parte award, but allowed filing for extension of time, which was properly heard inter parties. The arbitrator exercised discretion judiciously, considering the amount involved and wider justice, and did not err in law or fact. Applicant's jurisdictional objection was unfounded and dismissed.
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The respondent, being on a fixed term contract and not a public servant as defined by the Public Service Act, was entitled to refer his dispute to the CMA, which had jurisdiction. The applicant was bound by the directives of the Public Service Commission, and the contract was not lawfully terminated until 11th September 2015. The CMA's award was proper.
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Non-compliance with Rule 97(1) of the Court of Appeal Rules, 2009 regarding timely service of the supplementary record of appeal is a mandatory procedural requirement. The oxygen principle cannot be invoked to cure such non-compliance. The appeal is incompetent and must be struck out.
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The High Court dismissed an employer’s revision application and upheld a CMA award, holding that the respondent’s termination was procedurally unfair because he was not heard.
The place of recruitment is established by the physical address at the time of initial employment, not by subsequent transfers or the employee's domicile. The respondent's place of recruitment was Arusha, not Babati or Sumbawanga. The arbitrator erred in ordering repatriation to Sumbawanga; the respondent should be repatriated to Arusha.
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The High Court dismissed an appeal, holding that the Director of the British Council enjoyed diplomatic immunity and that the British Council was not suable under Order XXIX.
The High Court quashed Burka Coffee Estate Ltd.’s convictions for failing to pay wages, holding there was no legally binding reinstatement order.
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