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Tanzania decisions
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The High Court allowed a labour revision, finding unfair termination for lack of a formal charge, denied cross-examination, no supplied investigation report, and bias in the disciplinary committee.
The High Court quashed a CMA award, finding the employee’s termination unfair for lack of a valid reason and flawed disciplinary procedure.
The High Court in Mwanza set aside a CMA award, holding that the employee’s termination was unfair substantively and procedurally and awarded compensation.
The respondent proved constructive termination as the applicant's actions made employment intolerable, and the respondent utilized available grievance mechanisms. However, the CMA erred by awarding compensation above the statutory minimum without providing reasons or criteria, warranting reduction to twelve months remuneration.
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The termination of the applicant was both substantively and procedurally unfair because the disciplinary committee was improperly constituted with members of lower rank, and the respondent failed to prove valid reasons for termination as required by law.
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The application was filed out of time as the applicant became aware of the execution proceedings on or before 27th January 2025 but filed the application on 28th February 2025. The supporting affidavit contained material falsehoods regarding the date of awareness, making it unsafe and incompetent to support the application. Without a valid affidavit, the application is incompetent and must be struck out.
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The applicant admitted to the offence of insubordination in his written defence and during the disciplinary hearing. This admission was sufficient to justify termination for misconduct. Procedural requirements for investigation, notice, hearing, and right of appeal were complied with. The applicant was paid all terminal benefits except severance pay, which is not payable upon termination for misconduct. The CMA acted properly as a court of first instance and not as an appellate body for the disciplinary committee.
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The applicant's fixed-term contract expired by its own terms, and there was no evidence of unfair termination, reasonable expectation of renewal, or unpaid terminal benefits. The CMA's award was correct and the application for revision lacked merit.
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The court held that since the applicant’s initial application for revision was filed within the statutory period and the delay was due to a technical error in the e-filing system, the applicant had demonstrated sufficient cause for extension of time. Technical delay, as opposed to real or actual delay, justifies the grant of extension.
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Tanzania Ports Authority is a public service office and the respondent was a public servant. Section 32A of the Public Service Act mandates exhaustion of remedies under the Act before approaching the CMA. The respondent failed to do so, thus the CMA lacked jurisdiction and its proceedings and award are nullified.
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