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Tanzania decisions
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The High Court upheld a CMA consent order on union access, finding no proof of illegality and holding the settlement was binding and valid.
The court struck out a labour complaint as incompetent because it lacked legal issues, was signed by the wrong person, and the Attorney General was not served.
The complainant, being the only trade union at the workplace and having more than ten members, met the statutory requirements for recognition as the exclusive bargaining agent. The majority is determined among trade unions present, not the entire staff. The respondent was legally obliged to recognize the complainant and negotiate a collective agreement.
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The High Court of Tanzania dismissed CHODAWU’s labour complaint, finding it failed to prove it was denied access to the employer’s premises to exercise statutory organizational rights.
A union field branch does not have locus standi to seek recognition as an exclusive bargaining agent; only a registered trade union has such right under the Employment and Labour Relations Act, 2004.
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A field branch of a trade union does not have locus standi to seek recognition as an exclusive bargaining agent under the ELRA; only a registered trade union can do so.
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