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Tanzania decisions
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The CMA lacked jurisdiction as the respondent failed to exhaust internal remedies provided by the employer's procedures, and the Arbitrator erred in granting conjunctive reliefs. The proceedings and award are nullities for want of jurisdiction.
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The High Court upheld a CMA award dismissing a labour revision over alleged psychological injury after non-renewal of employment, finding no proved causal link or legitimate expectation.
The CMA lacked jurisdiction to arbitrate the dispute concerning the collective agreement because there was no agreement by the parties to proceed to arbitration after mediation failed, contrary to section 74 of the Employment and Labour Relations Act.
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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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The CMA lacked jurisdiction to entertain the dispute as the respondent was a public servant; disciplinary and termination matters must be addressed through the Public Service Commission and not the CMA.
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The respondents failed to prove unfair termination or legitimate expectation of renewal. The contracts were for specific tasks and expired automatically. The CMA erred in finding unfair termination and awarding reliefs, as the evidence and legal standards were not met. The arbitrator did not properly evaluate the evidence, and the reliefs granted were not justified.
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Filling Part B of CMA F1, which is reserved for termination of employment disputes, in a dispute concerning breach of contract rendered the referral form defective and the dispute incompetent; thus, the CMA proceedings and award were nullified.
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The respondent's two-year fixed term contract was unfairly terminated both substantively and procedurally. The CMA F1 filed on 4th June 2021 was within the statutory time limit. Remedies for unfair termination apply to fixed term contracts exceeding six months. The arbitrator was correct to award compensation for the remaining period of the contract. No procedural injustice resulted from the presence of two CMA F1 forms.
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The High Court upheld a ruling that Tulipo Mwereke’s breach of contract labour dispute was time barred because it was filed without condonation.
The CMA and its mediators have no jurisdiction to issue ex-parte awards in disputes (such as termination) as opposed to complaints. The ex-parte award issued by the CMA was ultra vires and must be set aside. The subsequent decision of the CMA setting aside its own ex-parte award is rendered moot. The matter must be remitted to the CMA to proceed from the stage before the ex-parte award.
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