20140530 TZHC Dar es Salaam2

20140530 TZHC Dar es Salaam2

The applicant remained an employee after demotion in 2005 as there was no formal termination until 2010. The respondent failed to prove valid reason or follow fair procedure for termination. The termination was both substantively and procedurally unfair.

Citation
20140530 TZHC Dar es Salaam2
Parties
Applicant: Othman R. Ntarru; Respondent: Baraza Kuu la Waislamu Tanzania (BAKWATA)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 May 2014
Procedural Posture
Labour Revision / Judgment
Outcome
Application allowed; CMA proceedings and award quashed and set aside.
Legal Topics
Unfair Termination, Employment Relationship, Procedural Fairness, Substantive Fairness
Source Language
English
Labour Law Unfair Termination Employment Relationship Procedural Fairness Substantive Fairness

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Parties

Othman R. Ntarru

Applicant

Baraza Kuu la Waislamu Tanzania (BAKWATA)

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the applicant was still an employee of the respondent after 02/05/2005
  2. 2 Whether the termination of the applicant was substantively and procedurally fair

Ratio Decidendi

The applicant remained an employee after demotion in 2005 as there was no formal termination until 2010. The respondent failed to prove valid reason or follow fair procedure for termination. The termination was both substantively and procedurally unfair.

Court Disposition

Application allowed; CMA proceedings and award quashed and set aside.

Orders

  • Respondent to pay applicant salaries and benefits due from 02/05/2005 to 25/10/2010 without loss.
  • Respondent to pay one month salary in lieu of notice.