anna mbakile vs ded geita 2020 tzhc 1632 30 july 2020

anna mbakile vs ded geita 2020 tzhc 1632 30 july 2020

The court found that the applicant's termination was both substantively and procedurally unfair. The arbitrator's award of 15 months' compensation was inadequate given the circumstances, including the length of time the applicant was out of employment and the unfairness of the termination. The court exercised its discretion to increase the compensation to 60 months' remuneration instead of ordering reinstatement, considering the unsuitability of the working relationship.

Citation
anna mbakile vs ded geita 2020 tzhc 1632 30 july 2020
Parties
Applicant: Anna Mbakile; Respondent: DED Geita
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 July 2020
Procedural Posture
Labour Revision / Judgment
Outcome
Application partly allowed
Legal Topics
Unfair Termination, Compensation, Reinstatement, Employment Dispute, Procedural Fairness, Substantive Fairness
Source Language
English
Labour Law Unfair Termination Compensation Reinstatement Employment Dispute Procedural Fairness Substantive Fairness

Case Brief

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Parties

Anna Mbakile

Applicant

DED Geita

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the termination of the applicant was substantively and procedurally unfair
  2. 2 Whether the compensation awarded by the arbitrator was appropriate

Ratio Decidendi

The court found that the applicant's termination was both substantively and procedurally unfair. The arbitrator's award of 15 months' compensation was inadequate given the circumstances, including the length of time the applicant was out of employment and the unfairness of the termination. The court exercised its discretion to increase the compensation to 60 months' remuneration instead of ordering reinstatement, considering the unsuitability of the working relationship.

Court Disposition

Application partly allowed

Orders

  • Order of 15 months' compensation set aside
  • Respondent to pay applicant 60 months' remuneration as compensation for unfair termination