Fresh Investment Co. Ltd versus Baraka P. Mvungi

Fresh Investment Co. Ltd vs. Baraka P. Mvungi, Revision No 25 of 2013; High Court of Tanzania (Labour Division) at Shinyanga (Unreported).

• Labour Law

• Award: Ex-parte award by CMA: What is the remedy available to the aggrieved party?

Held:-

(i) The remedy available to a person aggrieved by an ex-parte award by CMA is to apply to the CMA to set aside its ex-parte award and to hear the matter interparty on merits if the CMA will be satisfied with the reasons for setting aside the ex-parte award rather than to Labour Court to hear revision.

(ii) An applicant has a right to file revision in respect of ex-parte award if the application to set aside the ex-parte award at the CMA is refused or denied.