CONSOLIDATED REVISION NO 26825 OF 2023 AND REV NO 27670 OF 2023 NICHOLAUS J

CONSOLIDATED REVISION NO 26825 OF 2023 AND REV NO 27670 OF 2023 NICHOLAUS J

The applicant was unfairly terminated both substantively and procedurally as the respondent failed to provide justifiable reasons for the reduction in performance ratings and did not follow the required investigation and procedural steps under the law. Compensation is appropriate rather than reinstatement due to the elapsed time and circumstances.

Citation
CONSOLIDATED REVISION NO 26825 OF 2023 AND REV NO 27670 OF 2023 NICHOLAUS J
Parties
Applicant/respondent: Nicholaus J. Shimba; Respondent/applicant: KCB Bank Tanzania Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Labour Revision (consolidated) / Judgment After Cross Revision Applications
Outcome
Revision Application No. 27670 of 2023 dismissed; Revision Application No. 26825 of 2023 allowed in part; compensation increased to 24 months' salary; general damages declined.
Legal Topics
Unfair Termination, Compensation, Reinstatement, Procedural Fairness
Source Language
English
Labour Law Unfair Termination Compensation Reinstatement Procedural Fairness

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Parties

Nicholaus J. Shimba

Applicant/respondent

KCB Bank Tanzania Ltd

Respondent/applicant

Procedural Posture

Labour Revision (consolidated) / Judgment After Cross Revision Applications

Legal Issues

  1. 1 Whether the applicant was unfairly terminated substantively and procedurally
  2. 2 Whether the respondent followed proper procedures in termination
  3. 3 Whether the applicant is entitled to reinstatement or compensation

Ratio Decidendi

The applicant was unfairly terminated both substantively and procedurally as the respondent failed to provide justifiable reasons for the reduction in performance ratings and did not follow the required investigation and procedural steps under the law. Compensation is appropriate rather than reinstatement due to the elapsed time and circumstances.

Court Disposition

Revision Application No. 27670 of 2023 dismissed; Revision Application No. 26825 of 2023 allowed in part; compensation increased to 24 months' salary; general damages declined.

Orders

  • Respondent to pay applicant TZS 145,127,692 as compensation for unfair termination.
  • Claim for general damages dismissed.