Tanzania Case Law

ephraim joram vs director tanga cement company limited 2024 tzca 154 4 march 2024

Court

TZCA

The appellant's claim for unpaid salaries from July 1985 to retirement in 2005 was not covered by the 2004 settlement deed, and the doctrine of estoppel did not apply to bar this claim. The High Court erred in awarding only 12 months' salary based on an inapplicable legal provision. The proper award was the full unpaid salary arrears as determined by the CMA.

Source excerpt

• Unpaid salaries
• Doctrine of estoppel
• Settlement deed
• Terminal benefits
• Compensation for occupational disease

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national institute for medical research vs yohana meshack kabad 2023 tzhc 357 23 february 2023

Court

TZHC

The High Court held that a public servant must exhaust remedies under the Public Service Act before going to the CMA, and quashed the CMA award.

• Jurisdiction of cma
• Exhaustion of remedies
• Public service employment
• Unpaid salaries
• Leave entitlements
• Labour-jurisdiction

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ally a mbonde 2 others vs core phamacy ltd 2023 tzhcld 1141 14 february 2023

Court

TANZLII

Applicants failed to prove entitlement to unpaid salaries as they were not suspended but stopped attending work; section 37(5) does not apply as no criminal charges were filed; claim for TZS 6,400,000/= not supported by evidence.

Source excerpt

• Unpaid salaries
• Employment suspension
• Disciplinary action
• Burden of proof

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LABOUR REVISION NO

Court

TANZLII

The applicant failed to prove that the respondent intentionally created intolerable working conditions amounting to constructive termination. Salary delays were due to financial hardship affecting all staff, not targeted at the applicant. The applicant is only entitled to unpaid salaries for two months, with one month deducted in lieu of notice, as per the employment contract.

Source excerpt

• Constructive termination
• Breach of employment contract
• Unpaid salaries
• Employment benefits
• Burden of proof

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rehema timoth mkama vs edwardina daniel administratrix of the deceased employer the late daniel sinyo bonyo 2022 tzhc 13730 6 october 2022

Court

TZHC

The High Court dismissed a labour revision seeking extension of time to claim unpaid salaries, holding the applicant gave no adequate explanation for a 19-year delay.

• Extension of time
• Unpaid salaries
• Cause of action
• Delay in filing
• Employment relationship
• Extension-of-time

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joyland international school vs samo samo mnanka others 2022 tzhcld 214 29 april 2022

Court

TANZLII

The High Court partly allowed a labour revision, upholding unpaid salary, notice, and leave awards but setting aside severance pay for lack of proof.

• Breach of employment contract
• Unpaid salaries
• Severance pay
• Notice of termination
• Employment remedies
• Breach-of-employment-contract

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silver justine vs leopard tours ltd 2021 tzhc 7391 29 november 2021

Court

TZHC

The High Court partly allowed a labour revision, finding no proved suspension or constructive termination, but awarding pay for December 2014 and half of January 2015.

• Unpaid salaries
• Constructive termination
• Suspension pending criminal proceedings
• Abscondment from work
• Procedural fairness in arbitration
• Labour-law

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idd athuman vs a to z textile mills ltd 2021 tzhc 7117 11 november 2021

Court

TZHC

The High Court dismissed a labour revision seeking 52 months’ unpaid salaries, holding the claim was not proved and could not be raised as a new issue.

• Unfair termination
• Unpaid salaries
• Revision of arbitral award
• Labour-law
• Unfair-termination
• Unpaid-salaries

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registered trustees of chamazi islamic centre vs yahaya mwavurizi 2021 tzhcld 246 25 june 2021

Court

TANZLII

The High Court Labour Division upheld a CMA award for unpaid salaries, holding the referral was filed within the 60-day limit and the tribunal had jurisdiction.

• Limitation periods
• Jurisdiction of cma
• Unpaid salaries
• Continuous breach of contract
• Labour-law
• Limitation-periods

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emmanuel zephania makoye vs kk security company ltd 2021 tzhcld 125 27 may 2021

Court

TANZLII

The High Court dismissed a labour revision seeking unpaid salaries and reallocation allowances, holding the applicant failed to prove the claims and the award stood.

• Unpaid salaries
• Reallocation allowances
• Burden of proof
• Documentary evidence
• Unpaid-salary
• Reallocation-allowance

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