Tanzania Case Law

kone et dramane diarra c republique du mali requete n 0042024 2024 afchpr 23 20 novembre 2024

Court

TANZLII

Applicants failed to demonstrate the urgency, extreme gravity, and irreparable harm required for provisional measures. The alleged harms are not proven to be imminent or irreparable, and ongoing proceedings before the national Supreme Court may provide adequate remedy. Granting the requested measures would prejudge the merits.

Source excerpt

• Provisional measures
• Judicial independence
• Freedom of expression
• Trade union rights
• Due process
• Employment security

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chodawu vs ngorongoro conservation area authority another 2023 tzhc 23545 14 december 2023

Court

TZHC

The complaint is barred by res judicata as the same subject matter and parties were previously determined to finality in Labour Revision No. 88 of 2019, and the addition of the Attorney General does not alter the application of the doctrine.

Source excerpt

• Res judicata
• Trade union rights
• Collective bargaining
• Para-military scheme
• Right of association

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COMPLAINT NO 06 OF 2023 CHAWAMTA VRS MIGHT LOGISTICS LTD

Court

TANZLII

Respondent failed to comply with statutory requirements for trade union access and organizational rights; applicant followed proper procedures; court lacks jurisdiction to impose fine but orders compliance with labour laws.

Source excerpt

• Trade union rights
• Employer compliance
• Right of association

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podiogou and others v republic of mali application no 0042019 2022 afchpr 29 22 september 2022

Court

TANZLII

The African Court held that the applicants had not exhausted local remedies before filing, so it declared their application inadmissible.

• Exhaustion of local remedies
• Right to work
• Trade union rights
• Admissibility of applications
• Exhaustion-of-local-remedies
• Admissibility

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abdallah kinenekejo 7 others vs national microfinance bank nmb bank plc 2022 tzhcld 204 28 march 2022

Court

TANZLII

The High Court upheld the dismissal of eight NMB employees, finding they had conducted unauthorized staff opinion surveys after union consultations had closed.

• Unfair termination
• Trade union rights
• Disciplinary procedure
• Abuse of office
• Employment contracts
• Unfair-termination

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mustafa mmrope and another vs ultimate security t ltd 2021 tzhcld 239 2 july 2021

Court

TANZLII

Termination of applicants was unfair both procedurally and substantively due to lack of proper notice, consultation, evidence of operational requirements, and adherence to statutory retrenchment procedures.

Source excerpt

• Retrenchment
• Unfair termination
• Procedural fairness
• Substantive fairness
• Trade union rights

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confederation syndicate des travailleurs du mali v republic of mali 2021 afchpr 40 25 june 2021

Court

TANZLII

The African Court held that a Malian trade union lacked standing because it was not an NGO with observer status before the African Commission, so the application was dismissed for lack of jurisdiction.

• Access to justice
• Trade union rights
• Observer status
• Jurisdiction
• Standing
• Observer-status

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confederation syndicate des travailleurs du mali c republique du mali requete n 0032017 2021 afchpr 40 25 juin 2021

Court

TANZLII

The Court lacks competence because the applicant is not an NGO with observer status before the African Commission, as required by Article 5(3) of the Protocol. The request to substitute individual applicants is denied because the rights claimed are inherently collective and not individual.

Source excerpt

• Access to court
• Standing of ngos
• Trade union rights
• Composition of public bodies

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tanesco vs donatus chawe sanga others 2016 tzhclandd 1 11 february 2016

Court

TANZLII

The retrenchment was based on valid operational requirements due to restructuring, making reinstatement inappropriate. However, TANESCO failed to follow mandatory consultation procedures and did not obtain prior approval for retrenching trade union officials, rendering the process procedurally unfair. Compensation, not reinstatement, is the appropriate remedy, but the original award of 18 months' salary was excessive; three months' salary for ordinary employees and four months' salary for trade union officials is just and equitable.

Source excerpt

• Retrenchment
• Procedural fairness in termination
• Trade union rights
• Compensation for unfair termination
• Reinstatement

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celestine samora manace others vs tasaf another 2015 tzhc 2195 24 july 2015

Court

TZHC

The first application was struck out due to non-citation of enabling provisions, not for reasons advanced by the respondents. In the TUICO v. NMB matter, the court held that agency shop fee deductions from TUICO members were lawful under a valid agency shop agreement between NMB and FIBUCA, the recognized majority union, and that 'non-members' includes employees eligible for membership but not members of the recognized union.

Source excerpt

• Preliminary objection
• Recognition agreement
• Agency shop agreement
• Trade union rights
• Collective bargaining
• Procedural defects

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