benson kasalile vs mcc limited and charles nyaluke and 8 others vs mcc limited 2021 tzhcld 491 18 october 2021
The golden handshake allowance under Clause 20.2.0 of the CBA must be calculated using the last salary of each complainant at the time of retirement, multiplied by two for each year of service up to a maximum of thirty months. The respondent's use of varying salaries for each year was incorrect and resulted in...
Source-derived case information.
- Citation
- benson kasalile vs mcc limited and charles nyaluke and 8 others vs mcc limited 2021 tzhcld 491 18 october 2021
- Parties
- Applicant: Benson Kasalile; Complainant: Charles Nyaluke; Complainant: Michael Samweli; Complainant: Mrisho Salum; Complainant: Omari Samata; Complainant: John Ndumbalo; Complainant: Julius Mahuli; Complainant: Galus Hokororo; Complainant: Absolum Mwakasumi; Complainant: Ezekiel Mwanjowe; Respondent: MCC Limited
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 18 October 2021
- Procedural Posture
- Labour Dispute / Judgment
- Outcome
- judgment for complainants
- Legal Topics
- Collective Bargaining Agreement, Golden Handshake Allowance, Retirement Benefits, Employment Contract Interpretation
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benson Kasalile
Applicant
Charles Nyaluke
Complainant
Michael Samweli
Complainant
Mrisho Salum
Complainant
Omari Samata
Complainant
John Ndumbalo
Complainant
Julius Mahuli
Complainant
Galus Hokororo
Complainant
Absolum Mwakasumi
Complainant
Ezekiel Mwanjowe
Complainant
MCC Limited
Respondent
Procedural Posture
Labour Dispute / Judgment
Legal Issues
- 1 Whether the complainants were underpaid their golden handshake allowance under Clause 20.2.0 of the CBA
Ratio Decidendi
The golden handshake allowance under Clause 20.2.0 of the CBA must be calculated using the last salary of each complainant at the time of retirement, multiplied by two for each year of service up to a maximum of thirty months. The respondent's use of varying salaries for each year was incorrect and resulted in underpayment.
Court Disposition
judgment for complainants
Orders
- Respondent to recalculate golden handshake compensation under Clause 20.2.0 of the CBA using each complainant's last basic salary at retirement, multiplied up to a maximum of thirty months.
- Any balance above what has already been paid to be paid to each complainant accordingly.
Full Case Text
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