barton samweli and 9 others vs kamaka it solution co ltd 2021 tzhcld 494 15 october 2021

The respondent failed to comply with both substantive and procedural requirements for retrenchment under Section 38 of the ELRA, rendering the termination of the applicants unfair.

Citation: barton samweli and 9 others vs kamaka it solution co ltd 2021 tzhcld 494 15 october 2021
Parties: Applicant: Barton Samweli & 9 Others; Respondent: Kamaka IT Solution Co. Ltd
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 15 October 2021
Procedural Posture: Labour Revision / Judgment
Outcome: Application allowed; CMA award revised and set aside.
Legal Topics: Unfair Termination, Retrenchment Procedures, Compensation for Unfair Dismissal
Source Language: English

Labour Law Unfair Termination Retrenchment Procedures Compensation for Unfair Dismissal

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 11

Parties

Barton Samweli & 9 Others

Applicant

Kamaka IT Solution Co. Ltd

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

1 Whether the applicants were fairly terminated both substantively and procedurally
2 Whether the respondent complied with statutory retrenchment procedures

Ratio Decidendi

The respondent failed to comply with both substantive and procedural requirements for retrenchment under Section 38 of the ELRA, rendering the termination of the applicants unfair.

Court Disposition

Application allowed; CMA award revised and set aside.

Orders

Respondent to pay applicants a total of Tshs. 47,362,800.00 as compensation for unfair termination, apportioned as specified.