20131108 TZHC Mbeya3

20131108 TZHC Mbeya3

There was no valid reason for the applicant's termination as the evidence did not prove the allegation of theft or misappropriation; the applicant is entitled to compensation for unfair termination and severance pay for the completed three-year contract.

Citation
20131108 TZHC Mbeya3
Parties
Applicant: Peter Mwambuga; Respondent: RSTGA SACCOS Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 November 2013
Procedural Posture
Labour Revision / Judgment on Application for Revision of CMA Award
Outcome
Application partly allowed; CMA award revised
Legal Topics
Unfair Termination, Severance Pay, Employment Contract, Compensation for Unfair Dismissal
Source Language
English
Labour Law Unfair Termination Severance Pay Employment Contract Compensation for Unfair Dismissal

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Parties

Peter Mwambuga

Applicant

RSTGA SACCOS Limited

Respondent

Procedural Posture

Labour Revision / Judgment on Application for Revision of CMA Award

Legal Issues

  1. 1 Whether the termination of the applicant was substantively fair
  2. 2 Whether the applicant was properly awarded compensation and severance pay

Ratio Decidendi

There was no valid reason for the applicant's termination as the evidence did not prove the allegation of theft or misappropriation; the applicant is entitled to compensation for unfair termination and severance pay for the completed three-year contract.

Court Disposition

Application partly allowed; CMA award revised

Orders

  • Applicant entitled to compensation of 24 months' salary equal to Tshs. 10,032,000
  • Applicant entitled to severance payment for three years of the contract ended on 30/6/2012