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Tanzania decisions
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The complaint is barred by res judicata as the same subject matter and parties were previously determined to finality in Labour Revision No. 88 of 2019, and the addition of the Attorney General does not alter the application of the doctrine.
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The High Court nullified CMA retrenchment proceedings after finding exhibits were improperly admitted without proper tendering or objection, vitiating the award.
The High Court quashed a CMA award that had ordered employees to sign an employment addendum, holding the contract changes lacked clear mutual agreement.
The High Court partly allowed a labour appeal, upholding compliance orders on contracts, arrears, and discrimination policy, but setting aside a service-charge order.
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 Labour Division dismissed a revision application, upholding a CMA award that granted a worker subsistence allowances for working outside his duty station.
The High Court upheld a CMA award and dismissed a labour revision challenging retrenchment and alleged unpaid salary arrears at Riki Hill Hotel.
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.
The first application was struck out due to non-citation of enabling provisions, not for reasons advanced by the respondents. In the TUICO v. NMB matter, the court held that agency shop fee deductions from TUICO members were lawful under a valid agency shop agreement between NMB and FIBUCA, the recognized majority union, and that 'non-members' includes employees eligible for membership but not members of the recognized union.
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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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