saganga mussa vs institute of social work 2014 tzhcld 2 25 september 2014

saganga mussa vs institute of social work 2014 tzhcld 2 25 september 2014

The employee was substantively fairly terminated for engaging in double employment on permanent and pensionable terms, which is prohibited for public servants under the Standing Orders and relevant statutes. However, the termination was procedurally unfair as the employee was not afforded a disciplinary hearing before the Board of Governors, despite admitting the misconduct. The compensation of twelve months' salary awarded by the arbitrator was excessive given the gravity and duration of the misconduct; it was reduced to four months' salary.

Citation
saganga mussa vs institute of social work 2014 tzhcld 2 25 september 2014
Parties
Applicant/respondent: Saganga Mussa; Respondent/applicant: Institute of Social Work
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
25 September 2014
Procedural Posture
Labour Revision (consolidated) / Judgment
Outcome
Partly allowed; award varied
Legal Topics
Unfair Termination, Double Employment, Procedural Fairness, Substantive Fairness, Public Service Regulations
Source Language
English
Labour Law Employment Law Administrative Law Unfair Termination Double Employment Procedural Fairness Substantive Fairness Public Service Regulations

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Parties

Saganga Mussa

Applicant/respondent

Institute of Social Work

Respondent/applicant

Procedural Posture

Labour Revision (consolidated) / Judgment

Legal Issues

  1. 1 Whether there was a valid reason for termination of the employee for double employment
  2. 2 Whether proper procedures were followed prior to termination
  3. 3 Whether the compensation awarded was appropriate given the findings of substantive and procedural fairness/unfairness

Ratio Decidendi

The employee was substantively fairly terminated for engaging in double employment on permanent and pensionable terms, which is prohibited for public servants under the Standing Orders and relevant statutes. However, the termination was procedurally unfair as the employee was not afforded a disciplinary hearing before the Board of Governors, despite admitting the misconduct. The compensation of twelve months' salary awarded by the arbitrator was excessive given the gravity and duration of the misconduct; it was reduced to four months' salary.

Court Disposition

Partly allowed; award varied

Orders

  • Finding of substantively fair but procedurally unfair termination upheld
  • Compensation reduced from twelve months' salary to four months' salary