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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Commentary on the perception of labour law in the Court of Appeal of Tanzania
Author:Kapinga, W.B.L.ISNI
Periodical:Eastern Africa Law Review (ISSN 0012-8678)
Notes:biblio. refs.
Geographic terms:Tanzania
East Africa
Subjects:supreme courts
labour law
Tanzania. Court of Appeal
Labor laws and legislation
Abstract:The structure of labour law in Tanzania is such that it has offered only rare opportunity to the higher judiciary and the Court of Appeal of Tanzania in particular to exert notable influence. Nonetheless, the residual powers of the higher judiciary to take exception to the decisions of quasi-judicial labour organs on jurisdictional errors have had far-reaching consequences for the substantive rights of the contending parties in labour grievances or trade disputes. Some of the adverse consequences of the decisions of the Court of Appeal are the result of the Court's unfamiliarity with the existing schemes for the settlement of labour disputes, which are governed by the Security of Employment Act 1964 and the Permanent Labour Tribunal Act 1967. In the case of Zambia-Tanzania Road Services Ltd. v. J.K. Pallangyo the Court's interpretation of s. 40A of the Security of Employment Act was inconsistent with the smooth working of the system which the Permanent Labour Tribunal Act intended to regulate. The rule in Pallangyo survived for nearly six years before it was reversed by the full bench of the Court of Appeal in the case of Jumuiya ya Wafanyakasi wa Tanzania v. Kiwanda cha Uchapishaji cha Taifa & another. However, even in cases where the Court was manifestly wrong, on the few opportunities when it has been able to address itself to substantive matters pertaining to labour law it has always done so with remarkable activism. Notes, ref.