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Mkwizu Judgment Application Revision No 3 2020 Bariadi Town Council
Mkwizu Judgment Application Revision No 3 2020 Bariadi Town Council
AT SHINYANGA
APPLICATION FO REVISION NO 3 OF 2020
{Arising from the decision o f the Commission for Mediation & Arbitration
o f Shinyanga by Doris A. Wandiba. (Arbitrator) dated on 12*h
December,2019 in Labour Dispute No. CMA/SHY/223/2018.)
VERSUS
DONALD NDAKI..................................................... RESPONDENT
JUDGMENT
MKWIZU, J:
July, 20180 to 30th July, 2017 when his employment came to an end by the
its decision dated 25th December,2019, the CMA was first satisfied that the
the tune of 47,500 from the date of the award to the time of full payment
the one, Kheri Shabani Mbegu under Section 91(1) (a),91 (2) (b) and (c),
94 (1) (b) (i) of the Employment and Labour Relations Act, No.6 of ,2004
,Rules 24 (1), 24 (2) (a), (b), (c ), (d). (e), ( f) , 24(3) (a), (b), (c ), (d)
Public Servants.
opening statements.
defect material to merits of the case for holding that the respondent
retirement.
At the hearing, applicant had the services of Ms. Magdalena Mbuga, her
complaints on four major points that, one, the CMA decision is wrong in
was already paid. Two, that it was wrong for the CMA to order the
Nyakato. Three, that, the respondent was a civil servant whose claim
2016 and four, that the respondent's place of domicile is Mwanza and
She at the end, requested the court to allow the revision, revise the CMA's
award and the respondent be ordered to refer his dispute to the Public
Service Commission.
public service on 30th July, 2017, he was not paid his transport allowance
transported back to the area of his domicile Chato, he was paid transport
servant, he stated that, his public service ended with his retirement and
servant and therefore the CMA was justified in entertaining the matter.
fact that at the time of filing his complaint at the CMA, respondent was no
longer a Public servant. She added that, because respondent was paid his
transport allowance in November,2017,it was not fair for the CMA to order
I have given the records and parties submission a careful scrutiny, I think
public servant at the time he filed a complaint with the CMA and whether
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the CMA had jurisdiction to hear and determine the dispute, then, the issue
Section 3 of the Public Service Act No. 8 of 2002 read together with
The question that follows is whether the CMA had jurisdiction to entertain a
Service Act, Cap 298 R.E 2002 as amended by section 32A of the
This is the law. A public servant has no other option than to fully utilize all
the remedies available under the Public Service Act before exploring other
avenues for dispute settlement. See the case of Faima Siraji V. Mbeya
Urban Water and Sewerage Authority, Labour revision No. 47 of 2017
(Unreported).
his place of domicile and that his claim was not heeded to by the applicant,
Respondent, Mr. Donald Ndaki has submitted that his dispute arose while
he was no longer a public servant. One would ask a question as to how did
the cause of action arise? Certainly, the respondent's cause of action arose
the aforementioned claim. This being the position therefore I find the
public servant could not escape the needles of the Public Service Act. The
I, for the above reasons allow the revision, quash the proceedings in labour
dispute No. CMA/SHY/223 /2018 and set aside the award. Respondent if