20150508 TZHC Moshi

20150508 TZHC Moshi

Applicant was fairly terminated for gross negligence and misconduct; employer followed both substantive and procedural fairness as required by law and code of good practice; applicant was aware or should have been aware of the rules breached due to his experience.

Citation
20150508 TZHC Moshi
Parties
Applicant: Pelaji Silayo; Respondent: Tanzania Revenue Authority (TRA)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 May 2015
Procedural Posture
Labour Revision / Judgment
Outcome
Revision dismissed; commission's award upheld.
Legal Topics
Unfair Termination, Negligence, Procedural Fairness, Substantive Fairness
Source Language
English
Labour Law Unfair Termination Negligence Procedural Fairness Substantive Fairness

Case Brief

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Parties

Pelaji Silayo

Applicant

Tanzania Revenue Authority (TRA)

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the applicant was fairly terminated for misconduct
  2. 2 Whether the employer followed fair procedure in termination

Ratio Decidendi

Applicant was fairly terminated for gross negligence and misconduct; employer followed both substantive and procedural fairness as required by law and code of good practice; applicant was aware or should have been aware of the rules breached due to his experience.

Court Disposition

Revision dismissed; commission's award upheld.

Orders

  • Applicant's claim dismissed
  • Commission's award confirmed