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Tanzania decisions
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The mediator has no power to grant or dismiss applications for condonation; such powers are reserved for arbitrators. The proceedings and award by the mediator are nullified, and the condonation application must be heard by an arbitrator.
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The mediator lacked jurisdiction to determine the application for condonation; therefore, the proceedings and ruling were nullified and the matter remitted for proper determination by an arbitrator.
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A mediator does not have jurisdiction to determine applications for condonation as their statutory powers are limited to facilitating settlement, not adjudicating legal issues. The proceedings and award by the mediator are nullified, and the condonation application must be heard by an arbitrator.
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The Respondent failed to account for the entire period of delay in filing the complaint, making the grant of condonation improper. The Mediator had jurisdiction to determine condonation, but the extension was wrongly granted. The evidence established the Respondent's negligence, justifying termination.
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The mediator lacked jurisdiction to determine and dismiss the application for condonation; the ruling was a nullity and must be quashed.
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The Mediator has jurisdiction to determine applications for condonation; the applicant failed to prove that documents supporting her reasons for delay were part of the CMA record; and failed to account for the inordinate delay of 604 days. All grounds of revision lack merit and the CMA's decision is upheld.
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The mediator had no jurisdiction to grant condonation, rendering subsequent mediation and arbitration proceedings a nullity. The dispute on breach of contract was not mediated as required, and issues were not properly drafted. The CMA F1 was defective. These irregularities vitiated the entire proceedings and award.
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Mediator had no power to issue the impugned ruling; interlocutory orders are not subject to revision; preliminary objections must be determined by arbitrator.
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The High Court held that a CMA mediator lacked jurisdiction to determine a condonation application, quashed the ruling, and remitted the file for an arbitrator.
Mediator had jurisdiction to determine preliminary objection on time limitation. Employer failed to prove termination date with documentary evidence; thus, preliminary objection was without merit and CMA erred in upholding it.
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