Tanzania Case Law

ULTIMATE SECURITY AND ANOTH Vs

Court

TANZLII

Applicants failed to comply with mandatory retrenchment procedures under section 38(1) of the Employment and Labour Relations Act, as notices and consultations were not properly issued by the employer and relevant information was not adequately disclosed to the respondents. The procedural violations rendered the termination unfair both substantively and procedurally, justifying the award of compensation.

Source excerpt

• Unfair termination
• Retrenchment procedures
• Employment entitlements
• Burden of proof in civil cases

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REV

Court

TANZLII

The retrenchment of the Respondent was procedurally unfair as the Applicant failed to provide proper notice, consult the Respondent personally, and disclose all relevant information as required by law. The Respondent did not sign any retrenchment agreement, and mere acceptance of terminal benefits did not amount to consent. The compensation awarded by the CMA was justified under the circumstances.

Source excerpt

• Unfair termination
• Retrenchment procedures
• Compensation for unfair dismissal

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flora w kyara 4 others vs his healing hands africa 2023 tzhc 23460 19 december 2023

Court

TZHC

The High Court upheld a CMA decision dismissing a labour dispute, finding the applicants’ termination was by mutual agreement, not retrenchment.

• Unfair termination
• Mutual termination
• Retrenchment procedures
• Employment contract
• Trade union involvement
• Labour-law

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the registered trustees of st benedicts ndanda referral hospital vs mathayo malaika 43 others 2023 tzhc 23096 31 october 2023

Court

TZHC

The inclusion of deceased persons as parties rendered the proceedings a nullity; Rule 25(3) does not authorize removal of deceased parties; suit filed in names of deceased persons is inherently flawed and must be struck out.

Source excerpt

• Unfair termination
• Retrenchment procedures
• Condonation
• Representative suit
• Legal capacity
• Affidavit defects

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emmanuel mbeyela vs sokowatch limited 2023 tzhcld 1436 10 october 2023

Court

TANZLII

The High Court partly allowed a labour revision, upholding the retrenchment finding but setting aside the CMA’s decision on shares for lack of hearing on jurisdiction.

• Unfair termination
• Retrenchment procedures
• Jurisdiction of cma
• Right to be heard
• Share entitlements
• Labour-law

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water aid tanzania vs clare haule 2023 tzca 17444 21 july 2023

Court

TZCA

The Court of Appeal of Tanzania granted a stay of execution pending appeal, finding the applicant acted in time, showed substantial loss, and offered bank guarantee security.

• Stay of execution
• Unfair termination
• Retrenchment procedures
• Security for due performance
• Stay-of-execution
• Security-for-due-performance

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hashimu ally digello 7 4 others vs alphakrust ltd 2023 tzhcld 1303 2 june 2023

Court

TANZLII

The High Court Labour Division dismissed a revision application, holding the workers filed their CMA dispute prematurely and failed to prove final termination decisions.

• Unfair termination
• Retrenchment procedures
• Premature filing
• Burden of proof
• Unfair-termination
• Premature-filing

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express hotel limited ta onomo hotel vs beatrice batao 2023 tzhc 1280 12 may 2023

Court

TZHC

There was no termination by agreement as the employer unilaterally decided to terminate the contract under the guise of agreement to avoid statutory retrenchment procedures; the Arbitrator properly awarded general damages considering the Respondent's age and circumstances, and the Applicant's objections were afterthoughts.

Source excerpt

• Unfair termination
• Breach of employment contract
• General damages
• Retrenchment procedures

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atb investment company ltd vs husna haroun nkya 2023 tzhc 1255 28 april 2023

Court

TZHC

The High Court upheld a CMA award finding an employment relationship, unfair retrenchment, and discrimination, and dismissed the employer’s revision application.

• Unfair termination
• Employment relationship
• Discrimination
• Compensation
• Retrenchment procedures
• Employment-relationship

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endrick daniel and 70 others vs mmi steel mills 2023 tzhcld 1251 28 april 2023

Court

TANZLII

The High Court Labour Division dismissed an application to extend time for filing revision, holding that the applicants failed to explain 76 days of delay.

• Extension of time
• Revision of arbitral award
• Retrenchment procedures
• Representative suit
• Delay and sufficient cause
• Extension-of-time

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