augustino mkami vs sambu secondary school 2023 tzhcld 1335 23 june 2023
The employment contract was void ab initio due to the Applicant's lack of teaching qualifications as required by Government Secular No. 7 of 1998. The Respondent was compelled by government directive to terminate the Applicant, and no relief is available under the law for an unlawful agreement.
- Citation
- augustino mkami vs sambu secondary school 2023 tzhcld 1335 23 june 2023
- Parties
- Applicant: Augustino Mkami; Respondent: Sambu Secondary School
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 23 June 2023
- Procedural Posture
- Labour Revision / Judgment
- Outcome
- Application dismissed
- Legal Topics
- Unfair Termination, Employment Qualifications, Void Contracts, Government Directives
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Augustino Mkami
Applicant
Sambu Secondary School
Respondent
Procedural Posture
Labour Revision / Judgment
Legal Issues
- 1 Whether the Arbitrator properly considered and analyzed the evidence adduced by both parties
- 2 Whether the Arbitrator properly interpreted and applied the labour laws while making her decision
- 3 Whether the decision of the Arbitrator was based on manufactured evidence and whether it is justified in law
Ratio Decidendi
The employment contract was void ab initio due to the Applicant's lack of teaching qualifications as required by Government Secular No. 7 of 1998. The Respondent was compelled by government directive to terminate the Applicant, and no relief is available under the law for an unlawful agreement.
Court Disposition
Application dismissed
Orders
- CMA Award upheld
- No order as to costs
Full Case Text
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