20140827 TZHC Dar es Salaam2

20140827 TZHC Dar es Salaam2

The employer failed to provide written contracts or prove that the applicants absconded; therefore, the applicants were deemed to have been unfairly terminated and the Arbitrator's decision was quashed.

Citation
20140827 TZHC Dar es Salaam2
Parties
Applicant: Abdallah Kidunda & Another; Respondent: CM Co. Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 August 2014
Procedural Posture
Labour Revision / Judgment
Outcome
application allowed
Legal Topics
Burden of Proof, Unfair Termination, Oral Employment Contracts, Employment Records
Source Language
English
Labour Law Burden of Proof Unfair Termination Oral Employment Contracts Employment Records

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Parties

Abdallah Kidunda & Another

Applicant

CM Co. Ltd

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the applicants were unfairly terminated
  2. 2 Who bears the burden of proof in employment termination cases where no written contract exists

Ratio Decidendi

The employer failed to provide written contracts or prove that the applicants absconded; therefore, the applicants were deemed to have been unfairly terminated and the Arbitrator's decision was quashed.

Court Disposition

application allowed

Orders

  • Respondent to pay each applicant 12 months' salary at the rate applicable at termination
  • Respondent to pay each applicant 1 month's salary as notice