Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Tanzania decisions
Decisions matching the current search
The High Court set aside a CMA award for constructive termination, finding the respondent did not prove intolerable working conditions or exhaust internal grievances.
The employer failed to comply with the procedural requirements for terminating probationary employees under Rule 10 of GN. No. 42 of 2007, constituting unfair labour practices. However, compensation for such unfair practices is limited to the remaining probationary period, not the entire contract period, to balance the interests of both parties and uphold the purpose of probation.
Source excerpt
The proceedings at CMA were improperly recorded using acronyms and abbreviations, rendering them incoherent and incomprehensible. This occasioned injustice to the parties and made the award unsustainable. The court nullified the CMA proceedings, quashed and set aside the award, and ordered a retrial before a different arbitrator.
Source excerpt
The dispute was improperly filed at CMA due to a defective CMA F1, making the proceedings and award a nullity. Reliefs under section 40 of Cap. 366 R.E. 2019 are not available to probationers.
Source excerpt
The Respondent was solicited to leave previous employment and was not afforded the right to be heard before termination. The Applicant's actions amounted to unfair labour practices both substantively and procedurally. The CMA had jurisdiction as leave to refile was granted and complied with. The award of 12 months' compensation was proper and discretionary given the unfair labour practices established.
Source excerpt
The High Court held that denying six months’ salary and access to office made employment intolerable, amounting to constructive termination.
High Court revision of a CMA award in a probationary termination dispute. The court found the employer had followed fair procedure and set aside the compensation award.
The High Court set aside a CMA ruling that dismissed a labour complaint as time-barred, holding that mixed claims and continuing breach required hearing on the merits.
The High Court held that probationary employees are not covered by ELRA unfair termination provisions, but they may still be entitled to relief for mistreatment.
Explore more
