afrexa vs ramadhani bakari 2018 tzhcld 50 18 may 2018

afrexa vs ramadhani bakari 2018 tzhcld 50 18 may 2018

The respondent was not terminated from employment; he left voluntarily and did not return to the applicant after being asked to do so. The CMA lacked jurisdiction as the respondent had less than six months of employment. The arbitrator erred in finding unfair termination and awarding compensation.

Citation
afrexa vs ramadhani bakari 2018 tzhcld 50 18 may 2018
Parties
Applicant: AFREXA; Respondent: Ramadhani Bakari
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
18 May 2018
Procedural Posture
Labour Revision / Judgment
Outcome
Application allowed; CMA award quashed and set aside.
Legal Topics
Unfair Termination, Jurisdiction of CMA, Procedural Fairness in Termination
Source Language
English
Labour Law Unfair Termination Jurisdiction of CMA Procedural Fairness in Termination

Case Brief

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Parties

AFREXA

Applicant

Ramadhani Bakari

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the respondent was unfairly terminated from employment
  2. 2 Whether the CMA had jurisdiction to entertain the dispute given the respondent's length of employment
  3. 3 Whether proper procedures were followed in the alleged termination

Ratio Decidendi

The respondent was not terminated from employment; he left voluntarily and did not return to the applicant after being asked to do so. The CMA lacked jurisdiction as the respondent had less than six months of employment. The arbitrator erred in finding unfair termination and awarding compensation.

Court Disposition

Application allowed; CMA award quashed and set aside.

Orders

  • The arbitrator's decision is quashed and set aside.
  • No compensation is payable to the respondent.