Faustine Kapama, Daily News
March 11, 2013
VODACOM Tanzania Limited has filed an application at the Court of Appeal, seeking nullification of execution of proceedings given by the Registrar of the High Court's Labour Division in favour of former company's seven employees in respect of over 77m/- payments.
Through its advocate Juma Nyamugaruri, the mobile phone provider company is asking judges of the Appeal Court to call, examine and revise the records, proceedings and orders issued by the Registrar, Mr Mohamed Gwae, on February 6, 2013, in the execution proceedings.
"The purpose is to satisfy itself (Court of Appeal) as to correctness, legality and propriety of proceedings and orders, which require the applicant (Vodacom) to deposit the sum in court in execution of award of the Commission for CMA (Mediation and Arbitration)," the application reads in part.
Upon examining and revising the records and the proceedings and orders given in the execution proceedings, Vodacom requests that "the court be pleased to make an order, quashing the execution proceedings and issue, if any, other orders or relief that it may deem fit and just to grant."
The ex-employees of the company, Zawadi Bahenga, Lulu Mkwawa, Hapiness Kabale, Thobias Paul, Johanitha Richard, Iddah Assenga and Anne Mushi, had gone to the CMA to challenge their termination of their respective employment services with Vodacom, alleging that the procedure was not followed.
While pursuing their case before the CMA, they had filed another mater at the High Court, District Registry, demanding damages for alleged injuries sustained by them in the course of their employment, including ear pains and loss of hearing, as a result of Vodacom Company's alleged negligence.
The seven former employees, who were employed as customer service operators, had applied before the Registrar for enforcement of the CMA award, after the Labour Court dismissed with costs the company's application for revision.