Muhimbili National Hospital versus Constantine Victor John

Muhimbili National Hospital versus Constantine Victor John; Civil Application No. 44 of 2013: Court of Appeal of Tanzania at Dar esSalaam.

• Revision – whether one may apply for revision from decisions of labour court.

• Revision – under what circumstances one may invoke revisional powers of the Court of Appeal?

• Labour Law

• Absence from duty – without reason – Effect

Held:-

(i) Since section 57 of the Labour Institutions Act allows a person aggrieved by the decision of Labour Court to appeal on matters of laws only and bars from appealing against the findings of the Labour Court on matters of fact, the available remedy is to invoke revisional powers of the Court of Appeal.

(ii) A party to proceedings in the High court can invoke the revisional jurisdiction of the court of Appeal in matters which are not appealable with or without leave.

(iii) Absence from work without excusable reasons is a justifiable reason for termination.