Notbruga Maskini vs. Local Authorities Pension Fund, Revision No. 19 of 2013: High Court of Tanzania (Labour Division) at Dodoma. (Unreported).
- Labour Law
- Sanctions – whether an employee may challenge sanctions other than termination.
- Civil Procedure
- Withdrawal of application– whether an incompetent application can be withdrawn.
- Extension of time-whether a Registrar may issue an order for extension of time under the CPC.
Held:-
(i) The CMA has jurisdiction to entertain a complaint arising out of the disciplinary hearing like warning, demotions or transfer and suspensions with or without pay.
(ii) An unfair disciplinary measure other than termination is a breach of contract of employment good practice and common law and may be challenged before the CMA and Labour Court.
(iii) An incompetent application is a non-existent application in the eyes of the law and, therefore, it cannot be withdrawn except to be struck out.
(iv) A Registrar cannot extend time under the CPC as application for extension of time involves the hearing of parties on merits and in court proceedings in which the Registrar has no powers.