E-Malt.com News article: Tanzania: Tanzania Breweries loses cases lodged to challenge payments to former employees

Tanzania Breweries Limited (TBL) has lost two cases it had lodged before the Court of Appeal to challenge payments of over 1.46 bln to its former employees being per diem and other subsistence allowances for themselves, their wives and children, All Africa reported on December 12.

Justices Nathalia Kimaro, Kipenka Mussa and Ibrahim Juma ruled against TBL after upholding a ground of objection presented by the ex-workers through their advocate, Mr Odhiambo Kobas, in that the company had used a wrong approach to oppose the payments in question.

Mr Kobas, for the employees Edson Balongo, Ernest Kifaru, Ephata Urio, Endrew Ngeresai, Hamza Luinga, Festo Titla and Rockson Kiobya, had submitted that TBL would have approached the court by way of appeal instead of lodging applications for revision.

In their decision, the justices of the appeals court referred to Section 57 of the Labour Institution Act, 2004 which gives a party to the proceedings in the Labour Court to appeal against the decision of that court to the Court of Appeal on a point of law only.

"In so far as the applicant (TBL) has preferred an avenue of revision as an alternative to the statutory right of appeal, which was readily available, we shall uphold the first ground of objection.

In the circumstances, the application is hereby struck out," they ruled. To cement their decision, the justices referred to a case of Augustine Mrema vs. Dr Masumbuko Lamwai, which underscored the settled position of the court where it is shown that an applicant seeking a revision had a right of appealing, which the applicant did not pursue.

"We insisted that this court's powers of revision shall not be invoked where there is a statutory right of appeal. We said that the revision jurisdiction of the court is not an alternative to the statutory right of appeal which a party has," they said.

In its applications, TBL through advocate Rosan Mbwambo, was challenging ruling and orders of the High Court's Labour Division dated June 10 and 11, 2014, arising from Arbitral Award of the Commission for Mediation and Arbitration (CMA) in favour of seven ex-employees.

The employees, who are respondents in an application for revision, were awarded the said money for themselves, their wives and children for 625 days.

TBL was moving the court to call for and examine records of proceedings, ruling and orders of the labour court with a view to satisfy itself as to correctness, legality, propriety or otherwise of its findings and decision and where appropriate quash and set them aside.

In his brief reply submissions, advocate Mbwambo for TBL, had told the court that the grounds of objection presented by counsel for the former employees of the brewery company lacked substance and should, therefore, not be considered.

He submitted that the arguments presented in support of the objection grounds do not meet standards to convince the court to sustain them.


12 December, 2014