20140408 TZHC Dar es Salaam

20140408 TZHC Dar es Salaam

Failure to pass the master's degree program constituted incapacity under university regulations, providing a valid and fair reason for termination of the respondents' employment as tutorial assistants. The university followed both substantive and procedural fairness in the termination process. The Commission for Mediation and Arbitration erred in ordering reinstatement and payment of arrears.

Citation
20140408 TZHC Dar es Salaam
Parties
Applicant: The University of Dodoma; Respondent: David Andrew Hellar; Respondent: Musobi Malanguka Masalu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 April 2014
Procedural Posture
Labour Revision / Judgment
Outcome
Application for revision allowed. CMA award quashed and revised.
Legal Topics
Unfair Termination, Employment Contracts, Academic Staff Regulations, Procedural Fairness, Substantive Fairness
Source Language
English
Labour Law Unfair Termination Employment Contracts Academic Staff Regulations Procedural Fairness Substantive Fairness

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Parties

The University of Dodoma

Applicant

David Andrew Hellar

Respondent

Musobi Malanguka Masalu

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether failure to pass a master's degree constitutes a valid reason for termination of employment for tutorial assistants at the University of Dodoma.
  2. 2 Whether the termination followed proper procedure under the Employment and Labour Relations Act No. 6 of 2004.
  3. 3 Whether the Commission for Mediation and Arbitration erred in ordering reinstatement and payment of arrears.

Ratio Decidendi

Failure to pass the master's degree program constituted incapacity under university regulations, providing a valid and fair reason for termination of the respondents' employment as tutorial assistants. The university followed both substantive and procedural fairness in the termination process. The Commission for Mediation and Arbitration erred in ordering reinstatement and payment of arrears.

Court Disposition

Application for revision allowed. CMA award quashed and revised.

Orders

  • Commission for Mediation and Arbitration award ordering reinstatement and payment of Tshs 53,683,300 quashed.
  • Respondents to retain benefits received upon termination.