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Tanzania decisions
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Applicant failed to prove the companies are the same or that he was transferred; evidence supports Respondent's position. No breach of contract occurred, and procedural issues raised were not before the CMA. Application dismissed for lack of merit.
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Section 37(5) of the ELRA prohibits disciplinary action only when a criminal charge has been laid in court; police investigations do not trigger this prohibition. The High Court erred by applying a purposive interpretation to clear statutory language, expanding the scope to include police investigations without legislative basis.
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The High Court quashed a CMA award after finding the employee had a specific-task contract that ended by mutual agreement, not an unspecified-term contract.
The High Court upheld a labour award, finding the employee accepted a fixed-term contract by conduct and that the contract ended by lapse of time.
Applicants failed to account for all days of delay and did not provide documentary evidence for arrangement regarding payment; alleged illegality was not apparent on the face of the record; application for condonation lacked merit.
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The High Court dismissed a labour revision over non-renewal of a fixed-term contract, holding there was no reasonable expectation of renewal and no unfair termination.
The respondent's employment ended by non-confirmation during probation due to repeated lateness; this was a fair reason and procedure under the law. Remedies for unfair termination do not apply to employees with less than six months' service. The CMA award was improperly procured and is set aside.
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The High Court revised a CMA award in a labour dispute, setting aside damages and compensation not pleaded or properly based on the law, but upholding notice pay.
The High Court Labour Division held that the applicants were entitled only to one month’s salary in lieu of notice, and allowed the revision to that extent.
No sufficient evidence of continued work after contract expiry; contract terminated automatically as per regulation; applicant received notice and certificate of service; no grounds to revise CMA decision.
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