The applicant failed to prove he was suspended from employment as alleged. There was no written evidence of suspension, and the evidence showed he stopped attending work after a disciplinary meeting. The CMA properly analyzed the evidence and reached a correct decision.
Labour lawrenister gotrip mnenuka and another vs mkurugenzi wa miito jimbo na makatekista jimbo katoliki la songea and another 2023 tzhc 17034 4 may 2023
The court held that the issue of the respondent's work permit was not properly pleaded and required evidence, thus could not be raised as a preliminary objection or at the closing submission stage. The arbitrator was correct in treating the employment relationship as ongoing at the time of suspension, and the admission of secondary evidence did not cause injustice given the employer's duty to keep records. However, the arbitrator erred in computing compensation based on a salary not specified in the contract; the correct monthly salary was Euro 4,000 as per the employment contract, not TZS 29…
The applicant failed to account for each day of delay and did not provide sufficient legal grounds for condonation. Negotiations with the respondent do not constitute sufficient cause for delay. The arbitrator was correct in refusing condonation, and there was no evidence of bias.