20140917 TZHC Dar es Salaam

20140917 TZHC Dar es Salaam

The 1st respondent, as the employer and a registered company, is legally responsible for paying the applicants' terminal benefits. There is no basis to order the 2nd respondent to pay as long as the 1st respondent exists and is not in liquidation.

Citation
20140917 TZHC Dar es Salaam
Parties
Applicant: Issa Ally Masukuzi & 169 Others; 1st Respondent: Takopa Construction Co. Ltd; 2nd Respondent: SUMA JKT; 3rd Respondent: Shinwoo & Chungmoo Co.
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 September 2014
Procedural Posture
Labour Revision / Judgment
Outcome
Application dismissed
Legal Topics
Unfair Termination, Employer Liability, Terminal Benefits, Contract of Employment
Source Language
English
Labour Law Unfair Termination Employer Liability Terminal Benefits Contract of Employment

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Parties

Issa Ally Masukuzi & 169 Others

Applicant

Takopa Construction Co. Ltd

1st Respondent

SUMA JKT

2nd Respondent

Shinwoo & Chungmoo Co.

3rd Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the Arbitrator erred in ordering the 1st respondent to pay terminal benefits instead of the 2nd respondent
  2. 2 Whether the applicants were properly awarded terminal benefits under the law

Ratio Decidendi

The 1st respondent, as the employer and a registered company, is legally responsible for paying the applicants' terminal benefits. There is no basis to order the 2nd respondent to pay as long as the 1st respondent exists and is not in liquidation.

Court Disposition

Application dismissed

Orders

  • Application for revision is dismissed
  • No order as to costs