Joseph Kapera versus Pangea Mineral Ltd

Joseph Kapela vs. Pangea Mineral Ltd: Revision No. 35 of 2013; High Court of Tanzania (Labour Division) at Shinyanga (Unreported).

• Labour  Laws

• Revision:  What relevant provisions should be cited to move the court?
• Revision: Affidavit in support of revision:  What are the contents?

Held:-

(i) The Court power to revise CMA awards is derived from the provision of section 91(2) (a), (b) &(c) of the Employment and Labour Relations Act (ELRA), No. 6 of 2004 read together with Rules 28 of the Labour Court Rules.

(ii) An affidavit in support of revision should state what misconduct the arbitrator had committed, or on how the award was improperly procured. Further, an affidavit should be short and clear and comply with Rule 24(3) of the Labour Court Rules, G.N 106 of 2007.