Rock City Tours Ltd versus Andy Nurray

Rock City Tours Ltd vs. Andy Nurray, Revision No. 69 of 2013: High Court of Tanzania (Labour Division) at Mwanza (Unreported).

• Labour Law

• Void contracts: Void contract of employment –Employment of a non –citizen without work permit: Whether the contract enforceable.
• Validity of contract: Validity of contract of employment issue: When can it be raised?

Held:-

(i) Employment of a non – citizen who has no work permit / violated TZ laws does not give rise to enforceable contract and, therefore, the CMA lacks jurisdiction to entertain the claim.

(ii) The issue of validity of the employment contract can be enquired into at any stage of proceedings, including at the revision stage because it goes to the root of the cause of action on termination.