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Tanzania decisions
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The application was filed 77 days after the award was served, exceeding the statutory six-week limitation period. There was no justifiable reason to depart from the statutory provision. The proper remedy for a time-barred application is dismissal, not striking out.
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The High Court upheld the CMA’s award, holding that the parties had an internship/agent arrangement, not an employment contract, so labour claims failed.
The mediator acted ultra vires by conducting arbitration and issuing an award during the mediation stage, which is contrary to statutory provisions and binding precedent; this constitutes a fatal irregularity rendering the CMA proceedings and award a nullity.
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Proceedings and award are invalid where evidence is recorded without administering oath, as this contravenes mandatory legal requirements and vitiates the proceedings.
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A decision by the CMA granting condonation is an interlocutory order because it does not finally determine the substantive dispute between the parties; therefore, such a decision is not immediately revisable before the High Court. Revision is only available when the condonation is refused, as that brings the dispute to an end.
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The Court of Appeal dismissed an employment appeal, holding the appellant failed to explain an eight-year delay in seeking condonation and extension of time.
CMA Ilala lacked jurisdiction to hear and determine the dispute as the cause of action arose in Kibaha and the High Court's prior order required the matter to be reheard at CMA Kibaha under the original dispute number. The proceedings and award at CMA Ilala are a nullity for want of jurisdiction.
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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.
The High Court’s Labour Division set aside a mediator’s refusal to condone late filing, holding the delay was technical and the dispute should be heard on merits.
The High Court allowed a labour revision, finding the CMA wrongly refused condonation after a technical delay and failed to consider the applicant’s written submissions.
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