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Tanzania decisions
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Tanzania Ports Authority is a public service office and the respondent was a public servant. Section 32A of the Public Service Act mandates exhaustion of remedies under the Act before approaching the CMA. The respondent failed to do so, thus the CMA lacked jurisdiction and its proceedings and award are nullified.
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The respondents failed to prove unfair termination or legitimate expectation of renewal. The contracts were for specific tasks and expired automatically. The CMA erred in finding unfair termination and awarding reliefs, as the evidence and legal standards were not met. The arbitrator did not properly evaluate the evidence, and the reliefs granted were not justified.
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The applicant failed to prove denial of the right to be heard or procedural irregularity in the disciplinary process; the respondents followed proper procedures under the law. However, the applicant is entitled to outstanding salary arrears for the period July 2020 to February 2021, as conceded by the respondents and evidenced by partial payment.
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The applicant satisfied all legal prerequisites for leave to apply for judicial review, including timely filing, sufficient interest, exhaustion of remedies, and presenting an arguable case regarding the alleged denial of the right to be heard.
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The High Court held that a public servant must exhaust remedies under the Public Service Act before going to the CMA, and quashed the CMA award.
The applicant is not entitled to gratuity payments under the second and third contracts because the law prohibits double benefits for employees who are members of a social security fund. The contract terms must be interpreted in light of the governing statutes, which require that gratuity be deducted and remitted to the social security fund if the employee is a member. The respondent acted lawfully in making the deductions, and the applicant failed to prove entitlement to additional gratuity beyond what was remitted to the fund.
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Applicant demonstrated pursuit of administrative remedies and raised issues of illegality; court found sufficient cause and exercised discretion to grant extension of time for filing application for leave to apply for judicial review.
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The CMA lacked jurisdiction to entertain the applicant's dispute because the applicant was a public servant whose employment was terminated under the Public Service Act and its Regulations, and he had not exhausted the remedies provided therein. The successor Arbitrator was functus officio and could not revisit the issue of jurisdiction already determined by the predecessor Arbitrator. Both Arbitrators' decisions were irregular as the CMA had no jurisdiction over the matter.
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The High Court held that the CMA lacked jurisdiction because the respondents, treated as public servants, had not first exhausted remedies under the Public Service Act.
The applicant is a public servant employed by a public institution (DDC) as defined by the Public Service Act and relevant statutes. He failed to exhaust internal appeal procedures required by section 32A of the Public Service Act before approaching the Commission for Mediation and Arbitration. Therefore, the Commission lacked jurisdiction to entertain the dispute, and the revision application is dismissed.
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