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Tanzania decisions
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The CMA lacked jurisdiction as the respondent failed to exhaust internal remedies provided by the employer's procedures, and the Arbitrator erred in granting conjunctive reliefs. The proceedings and award are nullities for want of jurisdiction.
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The High Court dismissed a preliminary objection in a judicial review leave application, holding that the applicant had pursued the association’s internal complaint steps before coming to court.
The High Court set aside a CMA award for constructive termination, finding the respondent did not prove intolerable working conditions or exhaust internal grievances.
The CMA was functus officio after its initial ruling on jurisdiction and could not redetermine the same issue; however, the CMA lacked jurisdiction over the dispute as the Applicant was a public servant, and the proper remedy is for the Applicant to exhaust internal remedies under the Public Service Act.
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The CMA lacked jurisdiction to entertain the dispute because the respondent failed to exhaust internal remedies as mandated by the Muhimbili National Hospital Act No. 5 of 2000, its regulations, and relevant guidelines. The requirement to appeal internally before approaching the CMA was clear and not complied with, rendering the proceedings and award null and void.
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The application was filed before internal remedies provided by CHAKUHAWATA's constitution and rules were exhausted, rendering it premature and incompetent under Section 53(2) of the Employment and Labour Relations Act.
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The applicant was required to exhaust internal remedies under the University of Dar es Salaam Rules before filing at CMA. Failure to do so rendered the CMA without jurisdiction. The preliminary objection was on a pure point of law and did not require evidence. The arbitrator was correct in dismissing the dispute.
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The appellant's failure to exhaust internal remedies under the respondent's disciplinary machinery rendered his recourse to the Commission for Mediation and Arbitration procedurally improper, and the CMA lacked jurisdiction to entertain the dispute.
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The CMA lacked jurisdiction to entertain the dispute because the respondents, as employees of Tanzania Posts Corporation, are public servants required to exhaust internal remedies under the Public Service Act before seeking remedies under labour laws. The respondents failed to do so, rendering the proceedings before the CMA and subsequent orders invalid.
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The CMA lacked jurisdiction to entertain the dispute as the applicants were public servants required to exhaust internal remedies under the Public Service Act before approaching the CMA. The applicants' reliance on the Employment and Labour Relations Act was misplaced given the statutory amendments and the nature of their employment.
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