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Tanzania decisions
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The CMA lacked jurisdiction to enforce the Deed of Settlement as such enforcement falls within the exclusive mandate of the High Court. The applicant's claims were therefore properly dismissed.
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Applicants conceded to preliminary objection at CMA, depriving CMA opportunity to deliberate on jurisdictional arguments. New arguments cannot be raised at revision stage. CMA erred in dismissing the matter; it should have struck it out. Application dismissed except for substitution of dismissal with striking out.
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High Court ruling on a retired council employee’s claim for unpaid retirement benefits, holding the suit was time barred and dismissing it.
The Labour Division of the High Court lacked jurisdiction to entertain the appellants' claims as they were no longer in an employer-employee relationship and had not exhausted statutory remedies under the NSSF Act; thus, the proceedings, judgment, and decree were nullified.
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The CMA and High Court erred in holding the application for condonation as res judicata and in dismissing it without hearing its merits, as the previous matters did not determine the question of condonation. The application for condonation was a distinct proceeding and should have been heard on its competence and substance.
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The appellant, having freely entered into an agreement to retire in lieu of retrenchment, is bound by that agreement and cannot claim both retrenchment and retirement benefits. The retirement agreement replaced the prior retrenchment arrangement, and the law does not permit simultaneous entitlement to both benefit schemes.
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The High Court Labour Division dismissed a retired employee’s claim for unpaid social security-related benefits, holding that jurisdiction lay with the Social Security Regulatory Division.
Section 32A of the Public Service Act does not apply retrospectively; thus, the CMA had jurisdiction. However, the arbitrator erred by not properly framing the core issue of which policy document should govern the respondents' retirement benefits, necessitating a fresh arbitration.
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Since the cause of action arose before the 2016 amendments to the Public Service Act, the CMA had jurisdiction to entertain the matter. The CMA's ruling to the contrary was incorrect and is set aside.
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The High Court Labour Division held that NBC wrongfully retired Christina Bosco Mrema on medical grounds and ordered payment of retirement, disability, and earnings compensation.
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