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Tanzania decisions
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In the absence of any response from the respondents disputing the applicant's allegations of unfair trial and procedural violations, the court finds sufficient grounds to grant leave for judicial review.
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Where a statutory right of appeal exists and has not been exhausted, judicial review is not the proper remedy; the High Court lacked jurisdiction to entertain the judicial review application in this case, rendering the proceedings and resulting appeal incompetent.
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The CMA proceedings were a nullity due to improper admission of evidence and unsworn testimony by the appellant's counsel, requiring nullification of both CMA and High Court revision proceedings and remittal for proper hearing.
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Unchallenged oral evidence of intolerable working conditions due to non-payment of salaries for three years constitutes constructive termination; documentary evidence is not mandatory. The arbitrator erred in dismissing the claim based solely on the absence of a resignation letter.
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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 applicant was constructively terminated due to the respondent's failure to pay salaries for 31 months, making employment intolerable and justifying resignation; the arbitrator erred by shifting the burden of proof and failing to consider the legal provisions and fairness.
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The appellant's termination was not voluntary resignation but constructive dismissal, as the respondent's unilateral salary reduction constituted repudiatory breach and intolerable working conditions. The respondent failed to follow mandatory retrenchment procedures under section 38(1) of ELRA, rendering the termination unfair and at the respondent's instance.
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The appellant failed to prove that the working environment was intolerable or that the resignation was involuntary and caused by the employer. The appellant did not exhaust available dispute resolution mechanisms before resigning. The High Court did not err in considering the prior labour dispute as it was relevant to the issues framed for determination.
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The CMA lacked jurisdiction to entertain the matter after the President's final decision on the applicant's termination; the proper remedy was judicial review before the High Court, not a fresh application to the CMA.
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The High Court upheld the CMA award, finding no reasonable expectation that the applicants’ fixed-term contracts would be renewed after clear notice of non-renewal.
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