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Tanzania decisions
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The applicant's claim for overtime pay was time-barred as it was not brought within sixty days of the claim arising, as required by law.
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The High Court upheld a CMA award, finding retrenchment fair, rejecting overtime claims as unproved, and holding the applicants were bound by their pleadings.
The applicant's claims arose in 2002 and 2004 but were filed in 2017, well outside the statutory limitation period of sixty days. No condonation was sought or granted. Therefore, the Commission for Mediation and Arbitration lacked jurisdiction to determine the claims, and the arbitrator's decision was invalid.
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The applicant is entitled to overtime payment for the year 2006 based on evidence of working seven days a week, 12 hours per day, without leave or shift, contrary to statutory limits. The arbitrator erred in awarding only Tshs. 75,350/=; the correct amount is Tshs. 255,125/=. Claims for other years and benefits were not supported by evidence or were settled at mediation.
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The High Court dismissed the employer’s appeal, holding that the labour claim was governed by the repealed Employment Act because it arose before the new Act commenced.
The High Court dismissed an employer’s appeal, holding that a pre-2006 labour claim was properly heard under the repealed Employment Act and that leave and overtime claims were sufficiently specific.
The High Court allowed an employment appeal, finding the worker was underpaid and entitled to arrears, overtime, severance pay, and August salary, but not salary in lieu of notice.
The trial magistrate was correct to award only the proved arrears for underpayment and dismiss unproven overtime and deduction claims, as all claims must be proved to the required standard regardless of ex-parte status.
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The appellant failed to prove his claims for overtime and deductions; only the underpayment of minimum wage was proved. The trial magistrate was correct to dismiss unproven claims even in ex-parte proceedings.
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