abdallah seif makwinya vs tol gases ltd 2022 tzhcld 1020 23 may 2022

abdallah seif makwinya vs tol gases ltd 2022 tzhcld 1020 23 may 2022

The applicant's employment was governed by a fixed term contract which expired on the agreed date. The respondent issued a notice of non-renewal as required. There was no unfair termination as the contract ended by effluxion of time. The applicant was paid terminal benefits, which were used to set off his...

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Citation
abdallah seif makwinya vs tol gases ltd 2022 tzhcld 1020 23 may 2022
Parties
Applicant: Abdallah Seif Makwinya; Respondent: TOL Gases Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
23 May 2022
Procedural Posture
Labour Revision / Judgment on Application for Revision of CMA Award
Outcome
application dismissed
Legal Topics
Fixed Term Contract, Termination of Employment, Terminal Benefits, Repatriation Costs, Unfair Termination, Expectation of Renewal
Source Language
english
Labour Law Fixed Term Contract Termination of Employment Terminal Benefits Repatriation Costs Unfair Termination Expectation of Renewal

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Parties

Abdallah Seif Makwinya

Applicant

TOL Gases Ltd

Respondent

Procedural Posture

Labour Revision / Judgment on Application for Revision of CMA Award

Legal Issues

  1. 1 Whether there are sufficient reasons to revise the CMA award and set it aside
  2. 2 Whether the Arbitrator properly evaluated the evidence before reaching the verdict of fairness of termination

Ratio Decidendi

The applicant's employment was governed by a fixed term contract which expired on the agreed date. The respondent issued a notice of non-renewal as required. There was no unfair termination as the contract ended by effluxion of time. The applicant was paid terminal benefits, which were used to set off his outstanding debts. The applicant failed to provide sufficient grounds to revise the CMA award.

Court Disposition

application dismissed

Orders

  • The application for revision is dismissed.