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Tanzania Case Law

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Labour law NYANZA ROAD Ruling5

NYANZA ROAD Ruling5

A condonation order by CMA allowing a dispute to proceed is interlocutory and does not finally determine the rights of the parties; therefore, a revision application challenging such an order is incompetent and premature under Rule 50 of Labour Court Rules, GN No. 106 of 2007.

  • Condonation
  • Interlocutory orders
  • Revision
  • Procedure before cma
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Labour law JOINT VENTURE OF ARAB CONSTRACTORS ELSEWEDY ELECTRIC V

JOINT VENTURE OF ARAB CONSTRACTORS ELSEWEDY ELECTRIC V

The CMA proceedings and award are nullified because all documentary exhibits were not properly tendered and admitted, violating mandatory procedural requirements and resulting in a miscarriage of justice.

  • Unfair termination
  • Admission of evidence
  • Procedure before cma
  • Remittal for retrial
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Labour law ELVIS PETER KASHAIJA V

ELVIS PETER KASHAIJA V

The mediator lacked jurisdiction to determine the application for condonation; therefore, the proceedings and ruling were nullified and the matter remitted for proper determination by an arbitrator.

  • Jurisdiction of mediator
  • Condonation applications
  • Employment termination
  • Procedure before cma
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Labour law benedicto nyagarya vs faris express services co ltd 2020 tzhcld 3812 14 december 2020

benedicto nyagarya vs faris express services co ltd 2020 tzhcld 3812 14 december 2020

The preliminary objection raised at the CMA was not a pure point of law as it required evidence to determine the employment period. The mediator erred by relying on evidence (employment contract) to decide the objection, which is contrary to the law on preliminary objections.

  • Preliminary objection
  • Unfair termination
  • Employment contract
  • Procedure before cma
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Labour law st marys international school vs godfrey m rwekaza 2020 tzhcld 69 17 april 2020

st marys international school vs godfrey m rwekaza 2020 tzhcld 69 17 april 2020

The application is wrongly filed before the High Court because the proper procedure after dismissal for want of prosecution by the CMA is to file an application for restoration before the CMA, not a revision before the High Court.

  • Revision
  • Dismissal for want of prosecution
  • Restoration of proceedings
  • Jurisdiction
  • Procedure before cma
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