beijing construction engineer group co limited vs joseph chrisantly kilucha 2020 tzhc 3997 17 november 2020

beijing construction engineer group co limited vs joseph chrisantly kilucha 2020 tzhc 3997 17 november 2020

The applicant failed to prove that the respondent was fairly terminated and fully paid; the burden of proof lies on the employer, and the applicant did not provide sufficient documentary evidence. The jurisdictional issue was not raised at the Commission for Mediation and Arbitration and cannot be entertained at this stage.

Citation
beijing construction engineer group co limited vs joseph chrisantly kilucha 2020 tzhc 3997 17 november 2020
Parties
Applicant: Beijing Construction Engineer Group Co Ltd; Respondent: Joseph Chrisanty Kilucha
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 November 2020
Procedural Posture
Labour Revision / Judgment
Outcome
Application dismissed
Legal Topics
Unfair Termination, Burden of Proof in Employment Disputes, Jurisdiction of Labour Disputes, Employment Contract Validity
Source Language
English
Labour Law Unfair Termination Burden of Proof in Employment Disputes Jurisdiction of Labour Disputes Employment Contract Validity

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Beijing Construction Engineer Group Co Ltd

Applicant

Joseph Chrisanty Kilucha

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the respondent was unfairly terminated by the applicant
  2. 2 Whether the applicant proved that the respondent was fully paid and fairly terminated
  3. 3 Whether the claim was filed in the proper jurisdiction

Ratio Decidendi

The applicant failed to prove that the respondent was fairly terminated and fully paid; the burden of proof lies on the employer, and the applicant did not provide sufficient documentary evidence. The jurisdictional issue was not raised at the Commission for Mediation and Arbitration and cannot be entertained at this stage.

Court Disposition

Application dismissed

Orders

  • The application for revision is dismissed.
  • The applicant is to pay all outstanding payments as ordered by the Commission for Mediation and Arbitration.