20131108 TZHC Mbeya1

20131108 TZHC Mbeya1

The referral was filed within the statutory period; the respondent disputed both unfairness and terminal benefits; the arbitrator erred in awarding 24 months salaries, which must be revised to 12 months as claimed; otherwise, the CMA award is confirmed.

Citation
20131108 TZHC Mbeya1
Parties
Applicant: Coca Cola Kwanza Ltd; Respondent: Stephen Ndunguru
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 November 2013
Procedural Posture
Labour Revision / Judgment
Outcome
application dismissed
Legal Topics
Unfair Termination, Compensation, Procedural Fairness, Substantive Fairness, Revision of Arbitral Award
Source Language
English
Labour Law Unfair Termination Compensation Procedural Fairness Substantive Fairness Revision of Arbitral Award

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Parties

Coca Cola Kwanza Ltd

Applicant

Stephen Ndunguru

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the referral to CMA was filed within the statutory limitation period
  2. 2 Whether the respondent disputed termination only for terminal benefits or also for unfairness
  3. 3 Whether the arbitrator erred in awarding 24 months salaries instead of 12 months as claimed

Ratio Decidendi

The referral was filed within the statutory period; the respondent disputed both unfairness and terminal benefits; the arbitrator erred in awarding 24 months salaries, which must be revised to 12 months as claimed; otherwise, the CMA award is confirmed.

Court Disposition

application dismissed

Orders

  • CMA award confirmed except for correction reducing compensation to 12 months salaries
  • Judgment delivered in presence of respondent, applicant absent