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Tanzania decisions
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Court of Appeal of Tanzania held the CMA had jurisdiction over a breach of employment contract claim, but reduced damages and disallowed unproven allowances.
The dispute was filed outside the statutory time limit as per the evidence on record, and the Commission was correct to dismiss the matter for want of jurisdiction. The applicant failed to prove the date of termination, and the preliminary objection on limitation was properly considered by the Commission.
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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 Commission for Mediation and Arbitration lacked jurisdiction to entertain the dispute because the respondent, a foreign employee, did not tender a valid work permit, rendering the employment contract void and unenforceable under Tanzanian law.
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Since the respondent was not unfairly terminated but was absent from work on her own accord, the CMA erred in ordering her return to work with salary rights; such remedy is only available where unfair termination is established.
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The High Court nullified CMA proceedings, holding it lacked jurisdiction because the applicant was employed by RTI International, not RTI Tanzania.
The applicant failed to demonstrate sufficient cause for the delay in seeking extension of time. The alleged illegalities were not apparent on the face of the record and the dispute regarding limitation was a factual issue, not a clear illegality. The delay of over five years was not justified.
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The respondent was not a public servant under the Public Service Act as the applicant bank is not a public office involved in government policy formulation or public service delivery; the employment contract was a fixed term contract governed by labour laws, not subject to compulsory retirement age; the CMA had jurisdiction and the termination was unfair, entitling the respondent to compensation for the unexpired contract term.
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The High Court allowed revision, holding that the CMA erred by deciding premature filing and termination facts at the condonation stage, and quashed its ruling.
The High Court set aside an ex parte labour award after finding the Commission did not exercise its discretion judiciously and appeared inconsistent on non-appearance.
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