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Tanzania decisions
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The CMA lacked jurisdiction to arbitrate the dispute concerning the collective agreement because there was no agreement by the parties to proceed to arbitration after mediation failed, contrary to section 74 of the Employment and Labour Relations Act.
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The Court of Appeal quashed CMA and High Court proceedings for failing to hear all complainants and for taking evidence without oath, remitting the dispute for rehearing.
The CMA award was tainted by material irregularities as the arbitrator failed to frame and address the core issue of whether the respondent was terminated or resigned, did not evaluate evidence or summarize parties' arguments, and failed to comply with mandatory procedural rules. These defects warranted revision and setting aside of the award.
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The Court of Appeal of Tanzania struck out a labour appeal after refusing a second supplementary record application under Rule 96(8), holding the appeal incompetent.
The High Court Labour Division upheld a CMA award for unfair termination, rejecting challenges to representation, oral applications, amendment of claims, and accrued leave.
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