CONSOLIDATED REV NO 295 AND 304 OF 2022 NATIONAL BANK OF COMMERCE VRS MONGATEKO MAKONGORO MONGATEKO 0001

CONSOLIDATED REV NO 295 AND 304 OF 2022 NATIONAL BANK OF COMMERCE VRS MONGATEKO MAKONGORO MONGATEKO 0001

Compensation for unfair termination must be calculated based on remuneration, not salary alone, including all benefits due under employment; general damages for discrimination are not appropriate absent direct evidence of discrimination.

Citation
CONSOLIDATED REV NO 295 AND 304 OF 2022 NATIONAL BANK OF COMMERCE VRS MONGATEKO MAKONGORO MONGATEKO 0001
Parties
Applicant/respondent: National Bank of Commerce Limited; 1st Respondent/applicant: Mongateko Makongoro Mongateko; 2nd Respondent/applicant: Lucy George Mushi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Labour Revision / Judgment After Consolidated Revision and Remittal From Court of Appeal
Outcome
Revision No. 295/2022 dismissed; Revision No. 304/2022 partly succeeded.
Legal Topics
Unfair Termination, Compensation Calculation, Discrimination, General Damages
Source Language
English
Labour Law Unfair Termination Compensation Calculation Discrimination General Damages

Case Brief

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Parties

National Bank of Commerce Limited

Applicant/respondent

Mongateko Makongoro Mongateko

1st Respondent/applicant

Lucy George Mushi

2nd Respondent/applicant

Procedural Posture

Labour Revision / Judgment After Consolidated Revision and Remittal From Court of Appeal

Legal Issues

  1. 1 Legality, fairness and adequacy of compensation awarded for unfair termination
  2. 2 Legality of assessing compensation based on basic salary instead of remuneration
  3. 3 Whether Respondents were discriminated in employment and appropriateness of damages

Ratio Decidendi

Compensation for unfair termination must be calculated based on remuneration, not salary alone, including all benefits due under employment; general damages for discrimination are not appropriate absent direct evidence of discrimination.

Court Disposition

Revision No. 295/2022 dismissed; Revision No. 304/2022 partly succeeded.

Orders

  • Award of 24 months salary replaced with 24 months remuneration including all benefits stated in termination letters (salary, notice, house allowance, leave due, substance allowance)
  • Award of general damages quashed and set aside