REVISION APPLICATION NO 78 of 2023 clean

REVISION APPLICATION NO 78 of 2023 clean

The applicant's employment was constructively terminated due to intolerable working conditions created by the respondents, including forced dual employment, unsafe environment, and ignored complaints. The applicant sufficiently proved her claims, and the respondents failed to rebut them. Compensation for unfair termination is justified under the law.

Citation
REVISION APPLICATION NO 78 of 2023 clean
Parties
Applicant: Adelmarce Mallya; 1st Respondent: Elerai Construction Company Ltd; 2nd Respondent: Northern Engineering Works Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Labour Revision / Judgment
Outcome
Application allowed
Legal Topics
Constructive Termination, Unfair Labour Practice, Employment Contract, Compensation, Leave Entitlement
Source Language
English
Labour Law Constructive Termination Unfair Labour Practice Employment Contract Compensation Leave Entitlement

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Parties

Adelmarce Mallya

Applicant

Elerai Construction Company Ltd

1st Respondent

Northern Engineering Works Ltd

2nd Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the applicant was constructively terminated
  2. 2 Whether there was unfair labour practice by the respondents
  3. 3 What reliefs the applicant is entitled to

Ratio Decidendi

The applicant's employment was constructively terminated due to intolerable working conditions created by the respondents, including forced dual employment, unsafe environment, and ignored complaints. The applicant sufficiently proved her claims, and the respondents failed to rebut them. Compensation for unfair termination is justified under the law.

Court Disposition

Application allowed

Orders

  • Respondents to pay applicant TZS 46,438,400 consisting of two months salary, one month leave pay, one month notice pay, and twelve months compensation for unfair labour practice.
  • Respondents to issue certificate of service to applicant.