bernard msirikale vs g4s secure solutions 2021 tzhcld 192 28 june 2021

bernard msirikale vs g4s secure solutions 2021 tzhcld 192 28 june 2021

The applicant's employment was governed by a fixed-term contract which expired automatically on 16th February 2016. There was no reasonable expectation of renewal, and the contract did not require notice of termination upon expiry. The applicant was entitled to salary from the date of suspension to the date of contract expiry, but not beyond. The CMA's award of three months and 23 days' salary was correct.

Citation
bernard msirikale vs g4s secure solutions 2021 tzhcld 192 28 june 2021
Parties
Applicant: Bernard A. Msirikale; Respondent: G4S Secure Solutions (T) Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
28 June 2021
Procedural Posture
Labour Revision / Judgment
Outcome
Application dismissed
Legal Topics
Fixed Term Employment Contracts, Suspension of Employees, Entitlement to Salary During Suspension, Automatic Termination of Contract
Source Language
English
Labour Law Fixed Term Employment Contracts Suspension of Employees Entitlement to Salary During Suspension Automatic Termination of Contract

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Parties

Bernard A. Msirikale

Applicant

G4S Secure Solutions (T) Ltd

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the applicant's contract was for a specific period
  2. 2 Whether the contract terminated automatically while the applicant was on suspension
  3. 3 What were the applicant's entitlements during suspension

Ratio Decidendi

The applicant's employment was governed by a fixed-term contract which expired automatically on 16th February 2016. There was no reasonable expectation of renewal, and the contract did not require notice of termination upon expiry. The applicant was entitled to salary from the date of suspension to the date of contract expiry, but not beyond. The CMA's award of three months and 23 days' salary was correct.

Court Disposition

Application dismissed

Orders

  • Confirmation of CMA award dated 13th September 2019
  • Applicant entitled to salary from 22nd October 2015 to 16th February 2016 only