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The applicant failed to prove he was suspended from employment as alleged. There was no written evidence of suspension, and the evidence showed he stopped attending work after a disciplinary meeting. The CMA properly analyzed the evidence and reached a correct decision.
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The High Court restored a labour complaint out of time, holding the applicants had sufficient reason for delay and remitting the case to the CMA.
The court held that the issue of the respondent's work permit was not properly pleaded and required evidence, thus could not be raised as a preliminary objection or at the closing submission stage. The arbitrator was correct in treating the employment relationship as ongoing at the time of suspension, and the admission of secondary evidence did not cause injustice given the employer's duty to keep records. However, the arbitrator erred in computing compensation based on a salary not specified in the contract; the correct monthly salary was Euro 4,000 as per the employment contract, not TZS 29…
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The High Court Labour Division upheld a CMA award, finding the applicant failed to prove he was terminated or suspended by the employer.
The applicant failed to account for each day of delay and did not provide sufficient legal grounds for condonation. Negotiations with the respondent do not constitute sufficient cause for delay. The arbitrator was correct in refusing condonation, and there was no evidence of bias.
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