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Tanzania decisions
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The High Court declined leave to defend a summary suit over unpaid social security contributions, finding no arguable defence where partial payment was admitted.
The High Court granted the applicant leave to defend a summary suit, finding a triable issue over whether social security contributions had been correctly accounted for.
The plaintiff was neither registered nor entitled to receive any benefit from PSSSF, and thus the internal dispute resolution mechanisms under the Act do not apply. The dispute is between the plaintiff and his employer, not with the scheme. Therefore, the High Court retains jurisdiction and the preliminary objection is overruled.
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The High Court Labour Division dismissed a retired employee’s claim for unpaid social security-related benefits, holding that jurisdiction lay with the Social Security Regulatory Division.
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.
Source excerpt
The High Court upheld a CMA award for unfair dismissal, finding reinstatement impracticable and confirming compensation while rejecting additional claims.
The High Court nullified a CMA labour award after finding the parties were not heard, holding the proceedings breached natural justice and must be set aside.
The High Court entered summary judgment for NSSF after the defendant failed to obtain leave to defend, awarding arrears, statutory penalties, interest, and costs.
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