20160729 TZHC Dar es Salaam 1

20160729 TZHC Dar es Salaam 1

The respondent employee was substantively unfairly terminated as the evidence did not establish that he was responsible for the alleged misconduct or insubordination, and the duties in question were not his responsibility according to documentary evidence. The employer failed to prove a valid and fair reason for termination. Procedural fairness was followed by the employer, but the substantive unfairness rendered the termination unlawful. Allegations of arbitrator misconduct, gross irregularity, excess of powers, and improper procurement of the award were unsubstantiated.

Citation
20160729 TZHC Dar es Salaam 1
Parties
Applicant: ALAF Limited; Respondent: Asulwisye Mwalupani
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 July 2016
Procedural Posture
Labour Revision / Judgment on Revision From CMA Arbitration Award
Outcome
Revision dismissed; CMA award upheld
Legal Topics
Unfair Termination, Substantive Fairness, Procedural Fairness, Misconduct of Arbitrator, Jurisdiction of Arbitrator, Remedies for Unfair Dismissal
Source Language
English
Labour Law Unfair Termination Substantive Fairness Procedural Fairness Misconduct of Arbitrator Jurisdiction of Arbitrator Remedies for Unfair Dismissal

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Parties

ALAF Limited

Applicant

Asulwisye Mwalupani

Respondent

Procedural Posture

Labour Revision / Judgment on Revision From CMA Arbitration Award

Legal Issues

  1. 1 Whether the respondent employee was substantively and procedurally unfairly terminated by the applicant employer
  2. 2 Whether there was misconduct in relation to the duties of the arbitrator
  3. 3 Whether there was gross irregularity in the conduct of the arbitration proceedings

Ratio Decidendi

The respondent employee was substantively unfairly terminated as the evidence did not establish that he was responsible for the alleged misconduct or insubordination, and the duties in question were not his responsibility according to documentary evidence. The employer failed to prove a valid and fair reason for termination. Procedural fairness was followed by the employer, but the substantive unfairness rendered the termination unlawful. Allegations of arbitrator misconduct, gross irregularity, excess of powers, and improper procurement of the award were unsubstantiated.

Court Disposition

Revision dismissed; CMA award upheld

Orders

  • Respondent employee reinstated without loss of remuneration as per Section 40 of the Employment and Labour Relations Act No. 6 of 2004
  • No order as to costs