asha abdallah vs general manager keko madawa 2007 tzhc 316 6 february 2007

asha abdallah vs general manager keko madawa 2007 tzhc 316 6 february 2007

The appellant was not entitled to repatriation expenses to Tarime as her contract of service and place of domicile remained unchanged after marriage; she was only entitled to repatriation to Kisarawe as per mutual agreement. She was not entitled to salary for July 1994 as she was already granted salary for June 1994. Gratuity for 13 years was not payable as her termination did not fall under redundancy or retirement as required by the Voluntary Agreement.

Citation
asha abdallah vs general manager keko madawa 2007 tzhc 316 6 february 2007
Parties
Appellant: Asha Abdallah; Respondent: General Manager Keko Madawa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 February 2007
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Repatriation Expenses, Gratuity, Contract of Employment, Termination of Employment
Source Language
English
Employment Law Labour Law Repatriation Expenses Gratuity Contract of Employment Termination of Employment

Case Brief

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Parties

Asha Abdallah

Appellant

General Manager Keko Madawa

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant is entitled to repatriation expenses to Tarime upon termination
  2. 2 Whether the appellant is entitled to salary for July 1994
  3. 3 Whether the appellant is entitled to gratuity for 13 years of service

Ratio Decidendi

The appellant was not entitled to repatriation expenses to Tarime as her contract of service and place of domicile remained unchanged after marriage; she was only entitled to repatriation to Kisarawe as per mutual agreement. She was not entitled to salary for July 1994 as she was already granted salary for June 1994. Gratuity for 13 years was not payable as her termination did not fall under redundancy or retirement as required by the Voluntary Agreement.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs