chartyon william mushi vs tanzaniteone mining limited 2020 tzhc 2276 31 august 2020

chartyon william mushi vs tanzaniteone mining limited 2020 tzhc 2276 31 august 2020

The applicant was incapacitated at 60% and unable to perform heavy duties; evidence showed he did not abscond but was terminated due to illness. The order for re-engagement was unjust given permanent incapacity and lack of harmonious labour relations. Applicant entitled to salary arrears, general damages, severance pay, one month salary in lieu of notice, and certificate of service.

Citation
chartyon william mushi vs tanzaniteone mining limited 2020 tzhc 2276 31 august 2020
Parties
Applicant: Chartyon William Mushi; Respondent: Tanzaniteone Mining Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 August 2020
Procedural Posture
Labour Revision Application / Judgment
Outcome
Application granted; CMA award quashed and set aside.
Legal Topics
Termination of Employment, Medical Incapacity, Salary Arrears, General Damages, Severance Pay, Re Engagement, Abscondment
Source Language
English
Labour Law Termination of Employment Medical Incapacity Salary Arrears General Damages Severance Pay Re Engagement Abscondment

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Parties

Chartyon William Mushi

Applicant

Tanzaniteone Mining Limited

Respondent

Procedural Posture

Labour Revision Application / Judgment

Legal Issues

  1. 1 Whether the applicant was capable of continuing employment given his health condition
  2. 2 Whether the applicant absconded from work or failed to exhaust local medical remedies
  3. 3 Whether the order for re-engagement was proper

Ratio Decidendi

The applicant was incapacitated at 60% and unable to perform heavy duties; evidence showed he did not abscond but was terminated due to illness. The order for re-engagement was unjust given permanent incapacity and lack of harmonious labour relations. Applicant entitled to salary arrears, general damages, severance pay, one month salary in lieu of notice, and certificate of service.

Court Disposition

Application granted; CMA award quashed and set aside.

Orders

  • Applicant entitled to salary arrears from April 2015 to May 2018 at Tshs. 400,000 per month (total Tshs. 14,800,000)
  • Applicant entitled to general damages of Tshs. 10,000,000