Automated Summary
Key Facts
The Trustee of Tanzania National Parks (applicant) seeks to overturn the CMA Mwanza's 2020 award in favour of respondents Majuto Chikawe and George Saina. The respondents were terminated as park rangers for allegedly accepting Tshs. 7,600,000 from villagers illegally grazing in Serengeti National Park. The CMA found their termination substantively unfair, ordering compensation under ELRA section 40(1)(c). The applicant challenges this, arguing the arbitrator wrongly assumed police investigation halted disciplinary proceedings. The court ruled the CMA's decision was based on a misconception that police reporting equates to criminal proceedings, which is legally incorrect. The award is quashed, and the case returned to the CMA for reconsideration.
Issues
- Whether it was sound at Labour Law practice for an Arbitrator to hold that the employer was not supposed to conduct disciplinary hearing on matters reported only to police for investigation, before reaching a court of law, given the special circumstances of the case before him.
- Whether it was Valid to ignore analyzing abundance of evidence presented before CMA at the expense of assumption that because the criminal investigation process had started but halted, then the whole disciplinary process which followed was obsessed with procedural irregularity.
- Whether a matter reported to Police and halted before reaching a court of law constitutes an offence founded at Labour Law for furtherance of the disciplinary action, if any in conformity with the spirit of justice.
Holdings
The court determined that the Arbitrator's decision was based on a wrong assumption, as the employer was not restricted by section 37(5) of the ELRA from conducting disciplinary proceedings when only a criminal investigation (not formal proceedings) was pending. The court found that the award was improperly based on the belief that disciplinary action was halted by police involvement, and the application was allowed. The award was quashed and set aside, with the matter returned to the CMA for the Arbitrator to reconsider based on the full evidence and applicable law.
Remedies
The court found the arbitrator's award was based on a wrong assumption and allowed the application to quash and set aside the award. The matter was returned to the CMA for the arbitrator to compose a new award based on the entire evidence and applicable law.
Legal Principles
The court applied section 37(5) of the Employment and Labour Relations Act (ELRA) and the case of Stella Manyahi and Another vs Shirika la Posta, clarifying that disciplinary action is permissible if there is no pending criminal trial, only an investigation. The decision emphasized that criminal proceedings (as defined by a charge sheet or indictment in court) are distinct from police investigations, and the employer's disciplinary process was lawful as no formal criminal charges were filed.
Precedent Name
- The DPP vs Ally Nur Dirie and Another
- Stella Manyahi and Another vs Shirika la Posta
Cited Statute
- Criminal Procedure Act, Cap. 20 R.E 2019
- Labour Court Rules, 2007 GN No. 106 of 2007
- Labour Institutions Act, as amended
- Employment and Labour Relations Act No. 6 of 2004, as Amended
- Evidence Act [Cap 6 RE 2019]
- Tanzania National Park Regulations GN. No 337 of 2011
- Labour Institutions (Mediation and Arbitration Guideline) GN.No. 67 of 2007
- Written Laws, Miscellaneous Amendment Act No. 03 of 2010
Judge Name
J. C. Tiganga
Passage Text
- "(5) No disciplinary action in form of penalty, termination or dismissal shall lie upon an employee who has been charged with a criminal offence which is substantially the same until final determination by the Court and any appeal thereto." [Emphasis Added]
- Since the matter was not decided based on the entire evidence, I thus find the application to have merits, and allow it, consequently only the award passed is quashed and set aside but the proceedings remain intact.
- "Criminal proceedings is a proceedings in court in the prosecution of a person charged with the commission of the Crime, contemplating the conviction and punishment of the person charged" See State Ex rel. Sweet vs Green 360 Mo.1249